Legal Question in Criminal Law in Texas

Re: Probation Violation

To be convicted of a crime, the state must prove the elements beyond a reasonable doubt. That is a high burden of proof for the state.

To revoke your probation, the state only has to prove you violated by a preponderance of the evidence. This is a much lower burden and is easier for the state to prove. So it is pretty easy for the state to show a new law violation occurred for probation purposes. Also likely to have violated some term of probation going along with the new law charge, like being out too late (arrested at midnight or something), hanging out with folks you aren't supposed to be hanging out with, etc.

You are entitle to a hearing on the probation revocation, so your aren't really considered "guilty" until after you loose the hearing. But it is real easy to lose considering the lower burden of proof.