A-Clients-Guide-to-Completing Probation

By William L. Baskette, Esq.

Probationers commonly believe that being granted probation (community supervision or deferred adjudication) means that they are “home free.”  Because they did not go to jail for the offense charged, they leave the courthouse and go on about their business as if there was no penalty.  What the Probationers often times fail to appreciate is that when they leave the courtroom, they are still subject to jail at any time for violations.  One way to look at it is that Probationers are under a form of house arrest, and any violation will return them to jail to serve out their sentence.  They are still under the jurisdiction of the Court and the supervision of the Probation Officer (PO).  There are rules, and these rules are very unnatural rules for people used to going wherever they please and doing whatever they want to do.  Many trust the PO to tell them when they do wrong and warn them of violations.  However, the Probationer has to be his or her own probation officer, make sure that they themselves do not break any rules, and keep careful records to show compliance.

Most PO’s are busy people with huge caseloads.  They don’t have the time they’d like to handle all their Probationers, and sometimes lose contact with them.  Sometimes they have to file a Motion to Revoke Probate (MTR) on a Probationer, meaning that the PO files a list of what the Probationer did wrong, gets a warrant from the Judge and has the Probationer arrested and incarcerated – most of the time without bond.  Some Courts follow a Zero Tolerance program where one violation of the terms the Probationer receives means revocation.  While the ultimate decision is up to the Judge whether to Revoke, Amend, Extend or Dismiss the Probationer’s probation, most follow the advice and counsel of the PO, who is really an agent of the Courts.  Therefore, the first thing to do is to report to the PO after the hearing, sign and obtain a copy of the Probation Judgment with the Terms of Probation, and understand the Terms before leaving the PO’s office.

The first mistake the Probationer makes is to assume that the PO will keep good records of the Probationer’s progress and compliance with fines, community service, reporting to the probation office, and attending required programs, such as AA, NA, Victim Impact, etc.   Think of the probation office as a bank, and your dealing with something as important as your money.  You don’t ask the bank how much money you have or just assume you have money in the bank to cover your checks.  You keep a record, a bank book or a check register, to keep the bank honest.  The same with your PO, calls, visits, and hours performing service may not get documented in your file and then it is your word against the Officer whether you are in compliance with probation.

The Probationer must do the following to be able to stay on probation:

1. every time you visit your PO, get a not that proves you were there;
2. whenever you pay the PO a payment towards any fines or fees, get a receipt showing the payment and the balance due;
3. get a note from community service showing you were completing your time, how much time you were there and how much time you have left;
4. if you have been told to go to a program, get a written note showing you where to go, and what date and time;
5. whenever you leave the program, get a note that states that you were there, and for how long;
6. every time you are given a UA (urinalysis) test, get another one right away at a clinic and keep the result if you think you may have showed up positive (in case the test the PO takes in inaccurate);
7. do not tell the PO “Sure, I had a drink or two at home,” which is a confession that you committed a violation;
8. if you are given an appointment to go to any program, another probation meeting or anything, get a note;
9. if you cannot attend a PO meeting, community service or program, and you know ahead of time, DO NOT CALL, but GO TO YOUR PO and get a re-set of your appointment in writing;
10. never miss a PO meeting, community service or program, even if you are sick;
11. if you have missed a PO meeting, community service or program, them IMMEDIATELY go to your PO, apologize and get a written re-set;
12. keep all of your records, receipts and appointment notices as if you are keeping your own money at home instead of a bank.

The second mistake is to not do # 10 – 12, above.   Most MTR’s are filed because the Probationer failed to report to a PO meeting, community service or program.  They often forget, get sick, can’t get off work, or don’t go because they fear they have a dirgy UA, don’t have money, or think they have a warrant.  When in doubt, or if you think you have a warrant, go to an attorney and have the attorney check the warrant status and process you for a bond if there is a warrant.

Many people call in to the PO and say they cannot make a meeting and the PO may oftentimes say that it is OK, and just come in on some other date.  When the Probationer shows up on the other date, he can easily be arrested and a MTR filed for failure to report.  Why? The third mistake is not following this Rule:  “If it is not on paper, you cannot prove that it happened.  Frequently during an MTR hearing (after the Probationer was arrested, posted bond and hired an attorney), the PO lists days missed for PO meeting, community service or programs, and the Probationer swears they were there but have no proof, or, worse yet, says they called and got permission over the phone.  Prepare in case your records kept by the PO to be inaccurate, lost, or mistakes made, and the possibility that you may have several changes in PO’s while on probation.  Keep your own records and you might be able to avoid any problems down the line.

Finally, if a Probationer is charged with another offense, that does not mean that the PO is going to revoke them, unless it is a Zero Tolerance case.  Failing to Report for even this reason causes the PO to believe you are no longer a good candidate for probation, and that will be reported to the Court.

Usually towards the end of probation the PO will audit the file and double-check to determine if all fines are paid, service hours and programs completed and whether there are any pending cases.  Even if you think that your PO doesn’t require completion of payments, community service or programs until your Probation is completed, the Probationer better have proof or have it done.  A one year probation does not necessarily mean the Probationer has a year to complete these tasks.  If a PO gives a Probationer a schedule, then the schedule probably will prevail.  If the Probationer has problems with the PO, probation meetings, community service or programs, then GO TO YOUR ATTORNEY and ask the attorney to request a meeting with the Judge to correct the situation before it becomes a warrant.  Also, it is important to note that (a) Probations do not ever go off your record; (b) Probations can sometimes be terminated early but not always; and (c) PO’s may try to be your friend, but they have a job to do and doing their job will come before being your friend.

STAY OUT OF JAIL, AND PLAY IT SAFE – IT’S UP TO YOU!!!

This paper is not endorsed by the Bexar County Community Supervision Office.