PROBATION VIOLATION, REVOCATION OF COMMUNITY SUPERVISION PROBATION

Probation Revocations and Probation Violation Arrests

What is it? Criminal Trespas is where an individual enters or moves upon an area of property belonging to another without being allowed to do so.

What makes it illegal?  The Texas Criminal Penal Code Sec. 30.05. CRIMINAL TRESPASS indicates a person commits an offense if the person enters or remains on or in property of another without effective consent and the person: had notice that the entry was forbidden; or received notice to depart but failed to do so.

What are the Punishments? An offense under this section is a Class B misdemeanor, except as provided by Subdivisions (2) and (3); a Class C misdemeanor, except as provided by Subdivision (3), if the offense is committed: on agricultural land and within 100 feet of the boundary of the land; or on residential land and within 100 feet of a protected freshwater area; and a Class A misdemeanor if: the offense is committed: in a habitation or a shelter center; on a Superfund site; or on or in a critical infrastructure facility; or the person carries a deadly weapon during the commission of the offense.

Common Criminal Cases Involving Criminal Trespassing Arrests: The most common Criminal Trespassing cases and Criminal Trespassing arrests involve an individual walking upon private land that is off limits to the general public, or a situation where a person is asked to leave the premises yet fails or refuses to do so.

CODE OF CRIMINAL PROCEDURE, TITLE 1, CHAPTER 42. JUDGMENT AND SENTENCE Art. 42.12. COMMUNITY SUPERVISION.
Art. 42.12. COMMUNITY SUPERVISION. Authority to Impose, Modify, or Revoke Community Supervision, Violation of Community Supervision: Detention and Hearing, Sec. 21. (a) At any time during the period of community supervision the judge may issue a warrant for violation of any of the conditions of the community supervision and cause a defendant convicted. (b)  At any time during the period of community supervision the judge may issue a warrant for violation of any of the conditions of the community supervision and cause the defendant to be arrested. Any supervision officer, police officer or other officer with power of arrest may arrest such defendant with or without a warrant upon the order of the judge to be noted on the docket of the court. A defendant so arrested may be detained in the county jail or other appropriate place of confinement until he can be taken before the judge. Such officer shall forthwith report such arrest and detention to such judge. If the defendant has not been released on bail, on motion by the defendant the judge shall cause the defendant to be brought before the judge for a hearing within 20 days of filing of said motion, and after a hearing without a jury, may either continue, extend, modify, or revoke the community supervision. A judge may revoke the community supervision of a defendant who is imprisoned in a penal institution without a hearing if the defendant in writing before a court of record in the jurisdiction where imprisoned waives his right to a hearing and to counsel, affirms that he has nothing to say as to why sentence should not be pronounced against him, and requests the judge to revoke community supervision and to pronounce sentence. In a felony case, the state may amend the motion to revoke community supervision any time up to seven days before the date of the revocation hearing, after which time the motion may not be amended except for good cause shown, and in no event may the state amend the motion after the commencement of taking evidence at the hearing. The judge may continue the hearing for good cause shown by either the defendant or the state.
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