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.
So I have a medical cannabis prescription in Texas I am on parole but they will. It honor my prescription is that something a judge could change
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.
My husband conditions say to stay 200 yards from me. We are legally married and we have 3 children. The judgement does say NO THREATING OR HARASSING CONTACT but the 200 yards is added condition to the probation but not on the Judgement. Can this be taken off
My Fiance and I are living together, and my probation officer told me we aren’t allowed to because he is under indictment. We have a 19 month old and 5 month old together. I don’t have the capability to support my children and he is the sole supporter of our family right now. Can I write a letter for an amendment of condition to the Judge? Is it something they would consider?
2nd dwi probation for one year. I have a medical marijuana prescription from the state of texas. The probation officer glanced quickly at the paperwork and said this is your quickest way to jail and immediately got agitated. Is this cause for a motion to adjust the terms of probation for “controlled substances” before I take the medication? I was diagnosed with ptsd from sustaining 45 mins of beating from my husband and having a gun to my head. I have been put on multiple meds and nothing helps the nightmares and has actually made them worse.
I’m on probation for an inappropriate relationship between a teachaer and a student. As a condition of probation I am supposed to take a sexual offender treatment program. Another condition of the probaton is that we are not supposed to intreact with each other outside of the group meetings. I brought up the 12-step program’s idea of getting a sponsor and using each other to stay on track with not having deviant thoughts or actions. We all agreed that it would be a good option for us to be able to lean on each oher outside of the group sessions when we need help dealing with something. I was wondering what I could do to affect a change in the probabtion policy of no contact with other probationers. Why can’t we treat ourselves like a recovery group? If our goal is to be rehabilitated, we should be able to lean on each other, hold each othre accountable, and learn to change out thinking together. THe best way to do that should be to use a format that has been proven to work for deades. Maybe if you treat probatoners like reovery addicts, you would have less recidivism…
Hello I’m trying to find out some information in regards to bond probation being amended in order for my brother to live at home in our childhood home that we grew up at when he was on probation the head judge approved this amendment and he was able to move home while we bought the case for 2 years he was paroled to her childhood home and then told by the county that the charge was in and the same county that amended the restriction that he could no longer reside at our childhood home and would have to find elsewhere to live why would this have to be or does this have to be amended again after his release it seems like if it was amended one time that it would still follow the amended guidelines when he was released I’m so confused as to why we would have to go and amend this again or do we? That is the question I’m trying to find out and cannot find please help thanks kristi