Texas Criminal Law question. I know someone on probation for 5 years for felony robbery - deferred adjudication. I'm wondering what would happen if his probation officer found out that he had threatened physical harm to someone (and recorded evidence to prove it) and found out that they were engaging in other illegal activity. What kind of proof would they need? Would they possibly revoke his probation? And if so, what would happen?
State/Country relating to question: Texas
If you alerted the probation officer that there was illegal activity going on, they would likely involve the police and start an investigation. If it was believed that he was violating his probation there would be a hearing before a judge and if the judge ruled that there was a violation, a number of things could happen. The judge could revoke the probation and order this person to serve all or part of his/her suspended sentence. The judge could extend the time of probation, or the judge could just give this person a warning. Probation is not revoked without a hearing, but if there are new crimes involved as well, this person would likely face jail or prison time for the first crime (because probation was violated) as well as the new crime.
Please let me know if you need more information.
I guess I'm wondering how serious of a crime it needs to be. In other words, is threatening harm considered enough of a serious violation? Also, how would one go about proving that he has been using illicit drugs? Would the person whom he threatened have to be part of the hearing? Would recorded voicemails and text messages be enough. I'm just wondering about the standard of proof required.
Ok. Well any crime is technically a violation of probation, but some crimes will be taken more serious than others. Threatening someone is a crime and would probably rise to the level of a probation violation, especially with a Felony Robbery conviction. No matter what the offense is, there is always a hearing or petition to revoke, meaning it goes before a judge and he decides. A voicemal and text messages may be enough--in a petition to revoke hearing the evidentiary standards are more relaxed than at trial. If nothing else, the person threatened will have to make a complaint, and may have to testify at the hearing. If this person did not testify, then it would be less likely that probation would be revoked.
Practicing Attorney with experience in criminal law
You are welcome. Have a good night!
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