Probation Violation Attorney
PROBATION LAWYER: HOUSTON & GALVESTON, TX
Overview of Probation Violation in Texas
In some cases, a defendant can receive probation rather than a jail sentence. While this is a good outcome, individuals on probation still must comply with the terms of their probation to avoid revocation and, ultimately, jail. The standard to revoke probation is much lower than that of a criminal trial and, as a result, can be legally perilous.
A probation violation proceeding begins with the State of Texas filing a motion to revoke probation (community supervision) or a motion to adjudicate guilt (in the case of deferred adjudication).
In Texas, defendants can receive probation for misdemeanor and felony charges. This sentence can be imposed by a judge or jury. Additionally, a probation sentence can be given in lieu of jail time or in addition to it. This article will provide an overview of probation, so that if you or someone you love has committed a probation violation, you’ll better understand potential outcomes and why you need a probation violation attorney in Houston, Texas.
What Constitutes a Probation Violation in Texas?
In Texas, individuals can receive different probation terms depending on the offense they were charged with and what county they were convicted in. Typically, individuals will either be on deferred adjudication or straight probation in Texas. In cases of deferred adjudication, individuals can have their case dismissed upon successful completion of their deferred sentence. However, a conviction will stay on your record even if you complete probation.
Some general probation terms often include avoiding another arrest or criminal charge, community service, paying restitution, reporting to a probation officer, reporting any address or employment changes, avoiding people with criminal charges, keeping employment, fulfilling financial responsibilities such as child support, undergoing drug or alcohol testing, and paying required court costs.
If a probation officer makes a determination that a probation term was violated, the officer will likely file a petition for violation of probation with the court. This will lead an individual to be subject to a motion to revoke probation or a motion to adjudicate guilt.
What are the most common types of Probation Violations in Texas?
In Texas, there are roughly 442,000 individuals on probation and parole, according to the Texas Center for Justice & Equity. While each individual’s circumstances and probation terms vary, one of the most common probation violations is for individuals who fail to keep up with their probation officer by missing appointments. However, it is very common to see probations revoked for “new law violations” (an accusation that a person committed another crime), failing to complete community service, failing to pay restitution and fines, and testing positive for drugs or alcohol.
What is the potential punishment for violating Probation in Texas?
It depends on if the underlying charge resulted in a conviction or deferred adjudication. If the judge revokes an individual’s deferred adjudication, the judge can sentence that person anywhere within the range of punishment for the offense. However, for regular probation, the judge is limited to the original sentence imposed when a person was placed on probation initially.
What are the best approaches to an accusation of Probation Violation in Texas?
A probation violation attorney can work with you to come up with the best approach to avoid jail time over a probation violation. In Texas, an individual can engage in plea bargaining, open plea, or have a contested probation violation hearing upon being accused of a probation violation. If a defendant bargains, they may have the probation lengthened or modified in the case of a violation, or they can open plea – admitting the violation and asking the judge to lengthen or modify the violation. Finally, a defendant can request an evidentiary hearing disputing that they violated the terms of their probation. Depending on the accusations brought against you, either three of these approaches may work to help you avoid revocation and, ultimately, incarceration.
How do you Beat Probation Violation Claims in Texas – Hire a Probation Violation Attorney in Houston, TX Today
Consult with a probation violation attorney right away. Probation violation accusations can have serious consequences, including tightening of probation terms or revocation of probation, leading the defendant to have to serve jail time. The attorneys at Walker & Taylor will provide experienced legal representation to help fight the charges. Contact the firm for a free case evaluation by calling (281) 668-9957 today!
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