Frequently Asked Questions
What is the difference between Probation and Parole?
Probation refers to court supervision instead of, or prior to, incarceration, while Parole is supervision of offenders who have been released from a prison incarceration. Parole supervision is completely separate from Probation supervision, although in some cases, a person could be on Parole and Probation at the same time for different cases.
What is the difference between a felony and misdemeanor offense?
In general terms, the felony offense is considered more serious and generally results in a longer probation period. A felony offense could result in a period of incarceration in the prison system, while a misdemeanor offense could result in incarceration in the County Jail.
In Guadalupe County, the felony offenses are prosecuted by the District Attorney’s office and are heard by our District Judges, while the misdemeanor offenses are prosecuted by the County Attorney’s office and are heard by our County Court at Law Judges.
What are the Conditions of Supervision?
There are 24 standard conditions of probation that are shared by all people on probation whether the case is misdemeanor or felony probation. The standard conditions of probation:
1) Not commit any criminal offense or violate any laws of this state, or any other state, or of the United States.
2) Avoid injurious or vicious habits; specifically, you will never use alcoholic beverages, non-medically prescribed medications or drugs, controlled substances, narcotics, opiates, THC, barbiturates, or any substance or chemical capable or calculated to cause intoxication, and never become intoxicated.
3) Not enter, remain and/or be present on the premises of a licensed alcoholic beverage vendor except where the business' primary operation is as a grocer or a prepared food restaurant.
4) Avoid associating with persons of disreputable or harmful character; specifically anyone under indictment or convicted of a felony offense or any offense greater than a Class 'C' Misdemeanor under Texas Law. Further, the Defendant will not associate with any co-defendant in this cause or related un-adjudicated causes. The only exception may be the immediate family members to wit: husband/wife, children and grandparents. Finally, the Defendant will not be present where a crime is being committed.
5) Report today, immediately after this Court appearance or within 24 hours of your release from custody to the Community Supervision and Corrections Department at 209 E. Donegan, Seguin, Texas to complete all initial intake information and to schedule a meeting with the assigned Community Supervision Officer.
6) Report monthly/bi-monthly/weekly, or as directed by the court or supervision officer.
7) Remain suitably employed as far as possible. Should the defendant become unemployed during the term of this community supervision, the defendant will report weekly and conduct a job search as directed by the Community Supervision Officer. Furthermore, the defendant will notify the supervising Community Supervision Officer within 24 hours of any employment status changes.
8) Permit a Community Supervision Officer to visit and meet you at your home, living quarters, place of occupation, training program, and/or elsewhere and answer inquiries from the officer.
9) Provide accurate and truthful information and/or documentation to the Community Supervision Officer regarding sources of income (including tax statements), family history, education, vocation, and residency.
10) Support all dependents (spouse and natural and/or adoptive children). Further, the defendant shall not assault any such child or spouse. The defendant must report any marital status change to the Community Supervision Officer within five (5) working days.
11) Remain within the territorial limits of County, Texas and never travel there from without written permission from the supervising Community Supervision Officer. You must provide verification of the purpose of this travel. Prior permission to move outside the aforementioned County and/or State must be obtained from the Court, the Guadalupe County Community Supervision Officer, and/or the applicable Interstate Compact Agencies.
12) Pay a community supervision fee each month during the term of community supervision to the Guadalupe County Community Supervision and Corrections Department.
13) Pay Court Costs to the clerk of this court.
14) Pay a fine to the clerk of this court.
15) Pay an attorney's fee to the clerk of this court.
16) Pay monthly restitution, until paid in full, to the Guadalupe County Community Supervision and Corrections Department.
17) Obey all rules, regulations and policies of the supervising Community Supervision and Corrections Department.
18) Submit to fingerprint and photograph processing.
19) Notify the supervising Community Supervision Officer, and the Guadalupe County Supervision and Corrections Department, within 24 hours if questioned by any peace officer or after any charge of violating any law has been made against you, stating the offense charged, the jurisdiction in which the charge is filed and the disposition or status of the charge.
20) Notify the supervising Community Supervision Officer, and the Guadalupe County Supervision and Corrections Department, within 24 hours of any changes of residency.
21) Submit to urine/blood/saliva/breath screens, for the detection of alcohol or drug usage, on a random basis at the direction of your supervising Officer and pay for the cost of the screens within seven (7) days of the sample submission.
22) Submit to drug/alcohol rehabilitation at the direction of the Community Supervision Officer, participating in such rehabilitation until successfully terminated from the program and pay all costs.
23) Submit to educational skill level assessments to determine level of educational functioning. If appropriate, as per TCCP art. 42.12, Sec. 11(c), participate in education programming until you have an educational skill level that is equal to or greater than the average skill level of students who have completed the sixth grade in public schools in this state, obeying all rules, regulations and policies of said program, and incur all costs.
24) Complete hours of community service at a project(s) for an organization(s) approved by the judge and designated by the supervising Community Supervision and Corrections Department. Complete these hours at a rate set by the supervising Community Service Restitution Coordinator, to begin within days of sentencing and to be completed as ordered within months from sentencing date.
Each probation order is prepared as an individualized order for the offender, based on the offense and our knowledge of the offender’s needs. The order will always include special conditions to address any rehabilitative needs. Some special conditions are required by law based on the offense, and others are locally required by our Judges for certain offenses. These special conditions are too numerous to specify, but a general listing is as follows:
- Anger Management Program or Counseling
- No weapons condition
- No contact with Victim
- Do not associate with Co-defendant(s)
- Intensive Supervision Placement
- County Jail time
- Apology letter to victim
- In-patient treatment placement
- Complete an assessment for treatment of drug/alcohol abuse
- Participate in an Intensive Out-patient Treatment Program
- Complete an evaluation for medicinal treatment
- Attend Alcoholics Anonymous/Narcotics Anonymous meetings weekly
- Participate in an Adult Education or GED program
- Complete the Guadalupe County CSCD Thinking for a Change Program
- Participate in a Victim Impact Panel
- Attend/complete an alcohol education program
- Attend and complete a drug education program
- Obtain the deep-lung breath analysis mechanism for your vehicle
- Sex Offender Registration and Treatment
- Abide by a Curfew
- Obtain and maintain valid Drivers License
- Maintain High School or college enrollment
- Attend English as Second Language (ESL) classes
- No contact with Victim/Business
- Restitution Center Placement
- Psycho-social evaluation for counseling or treatment
- Complete an assessment for treatment with the local MHMR clinic
- Participate in the HRP (High Risk Probation) Court program
What happens when there are violations of probation? Does a probationer get arrested when they violate one condition?
All violations of supervision are considered serious, and there are generally graduated responses to each violation. Some violations, such as a new offense or behavior that is a threat to the safety of the probationer or the community, will result in a quick response involving the offender’s arrest, and a hearing before the Judge regarding the violations of probation.
In general, one violation of probation does not result in a probationer’s arrest, as long as the violation is considered a technical violation, not a new offense or serious behavior that threatens the safety of the community. These technical violations will be addressed with gradually increasing responses until the behavior is no longer a problem, or the case will be considered for court action if the violations continue.