Can I Amend the Conditions of My Probation in Texas?
Can I amend or change the conditions of my probation in Texas? It depends on many things, including the type of case, the county, the judge, etc. It will vary from county to county.
My name is Eric Benavides and I’m a Texas criminal defense lawyer. I get clients that ask me from time to time if they can change the conditions of their probation.
Now, whether those conditions be curfew or interlocks or community service or jail time or GPS or no contact orders, it is possible to try to change the conditions but it is up to the judge.
The way the process works is you
- file a motion to amend the conditions
- you explain to the judge why you’re trying to do it
- you order the probation file
- get a hearing set and
- wait for the judge to make their decision
Now, a lot of the times this process can be avoided by simply having your lawyer walk in and have a conversation with the judge and see if the judge would even consider it. That can save you time and that can save you money. But your lawyer should be able to give you a better idea of your chances of success based on the county and the judge you’re in front of.
But the short answer to the question is, yes, it is possible but it is up to the judge.
Eric Benavides is a Houston Criminal Defense Attorney. He is the founder of Benavides Law Group. He is a graduate of the prestigious Texas Criminal Defense Lawyers Trial College and is a proven trial lawyer. He has been named a Texas Super Lawyers Rising Star and has been recognized as one of the best criminal lawyers in Houston by Houstonia and H-Texas magazines.
My probation condition says that I can’t be around my daughter unless there is someone over the age of 18 with us. She moved out of her dads house and she wants to live with me but my probation is not letting that happen. I don’t want to violate my probation but I also don’t want to turn my daughter away. She is 16 and will be 17 on June 23.
You need to get a lawyer to talk to the judge and see if the probation conditions can be modified.
Being faced with the prospect of passing a breathylizer exam 4x daily would be bad enough, considering the exorbitant cost of maintaining such a device throughout the term of my probation and the impracticality of transporting said monitor unit continuously, for years on end…but given the fact that the charge for which my own term of probation was assigned, is itself in no way associated with the the consumption sale or distribution of alcohol…it would seem a matter of rather glaring injustice that such a condition would have been attached tot the terms my sentence, as well. Neither have I any particular history of alcohol-related charges nor conviction,-aside from a single arrest for drunk driving. Would I be correct in assuming that such a seemingly obvious inconsistency, alone, would successfully serve as grounds for the removal of this condition from the terms of my probation (“all things being equal”)? T hank you. Please follow up with contact.
Technically it is up to the judge. But I agree that you would have a good argument for modification of the conditions.
I went up for an early release from probation and was denied. I did everything that was asked of me. I paid all my fines did my community service and the judge said no because of the seriousness of the crime. I haven’t been in trouble over many years before I caught this case. And while on this case I haven’t even received a parking/speeding ticket and etc. I pass every drug test. Never missed an appointment etc. I was told if I do everything I’m supposed to do I can get off early just to be told no! My question is would you think it’s worth me getting a lawyer to appeal and fight for my rights.
That is something that is up to the judge. It is hard to say if he/she would reconsider. If you know for a fact that the judge already said no I would recommend you wait at least another 6 more months before spending any money. You need to continue to add good things to your “probation resume” to get the judge to reconsider.