Understanding Probation Violations and How to Defend Yourself

When Does a Violation of Probation Happen?

In Texas, a violation of probation (VOP) happens when a probationer fails to comply with the conditions or terms of the probation agreement. If you are accused of a probation violation, you must obtain the advice and services of a Brazos County violation of probation attorney.

Texas penalizes criminal offenders with fines and prison or jail sentences, but judges also order probation for many convictions. Probation lets you stay in your community, work or attend school, and serve your sentence by satisfying the terms of probation imposed by the court.

What constitutes a violation of probation in this state? What happens at a VOP hearing? And when will you need to consult a Brazos County violation of probation lawyer?

What is “Regular” Probation? What is Deferred Adjudication?

Texas has established two types of probation: “regular” or standard probation and deferred adjudication. If the court sentences you to a term of deferred adjudication and you complete that term successfully, the court will dismiss the charge, and you will not receive a conviction.

Deferred adjudication is usually offered only to first-time offenders. However, if the court sentences you to regular probation, it means you have already received a conviction and established a criminal record.

How Does Texas Handle Probation Violations?

In some cases, a Texas court can issue an arrest warrant for a probationer on the same day a violation of probation is reported. To have the court issue an arrest warrant, a probation officer will prepare the required legal documents and take the request to a prosecutor.

Your probation officer may ask the court to terminate your “regular” probation if that officer reasonably believes you have violated its terms and conditions. When the court receives that request, it issues an arrest warrant and, upon your arrest, schedules a VOP hearing.

When Will You Need a Violation of Probation Lawyer?

If you are serving deferred adjudication and your probation officer reasonably believes you have violated its terms and conditions, that officer may ask the court to “adjudicate guilt” with a similar result: the court issues an arrest warrant and, upon your arrest, schedules a VOP hearing.

If the police arrest you for a probation violation, get in touch with a Brazos County violation of probation lawyer as quickly as possible. Your lawyer will investigate the allegation against you, advise you regarding your rights, and accompany you to the VOP hearing.

What Does Probation in Texas Require?

If you receive a criminal conviction in Texas and the court orders you to serve probation rather than (or along with) a jail or prison sentence, you will be required to:

report to your probation officer and pay court fees regularly
comply with your probation’s terms and conditions
acquire permission before you travel outside the jurisdiction

What Are the Most Common Probation Violations?

Those who are serving regular probation and deferred adjudication may receive somewhat different terms and conditions of probation, depending on the jurisdiction and the details of the conviction. The most frequent probation violations include:

failing to report on schedule to your probation officer
violating any local, federal, or state law
being involved with known criminals
failing a drug or alcohol screening
failing to complete community service
failing to maintain or find employment
failing to pay a fine or restitution
traveling outside the jurisdiction without permission
violating a court-ordered curfew

At Violation of Probation Hearings, What Are Your Rights?

At a violation of probation hearing, a Texas prosecutor will contend that the allegation against you is true and will seek to prove that allegation. A conviction in this state for a probation violation may trigger harsh penalties, including a lengthy jail or prison sentence.

At your VOP hearing, you will have the opportunity to tell the judge why you are innocent of violating probation. You will also have the right to a defense lawyer’s representation and advice. However, some of your rights in other criminal proceedings do not apply in VOP cases.

You have already received a conviction (or a deferred adjudication) on the original charge, so you’ve already exercised (or waived) your right to a jury trial. If a Texas judge reasonably believes it is “more likely than not” that you violated probation, you will receive a conviction.

What Penalties May the Court Impose?

If the judge determines that you did not violate the terms and conditions of your probation, you will continue to serve your original probation sentence. If the judge finds you guilty, the potential penalties for a violation of probation conviction in Texas include:

a revocation of probation and a prison or jail sentence
costlier fines, more community service, and additional counseling or treatment
a longer period of probation
for those serving deferred adjudication, a conviction for the original charge

Here is what you must remember: If you receive a VOP conviction, the judge may order you to serve a prison or jail sentence. That is why an experienced Brazos County violation of probation attorney at Shane Phelps Law must represent you at a VOP hearing.

Let Shane Phelps Law Handle Your Violation of Probation Case

You will not be able to attend school, support your family, or live in your home and community if a Texas court convicts you of violating your probation. If you are facing a VOP charge now or in the future, you’ll need a skilled criminal defense attorney – an attorney at Shane Phelps Law.

Award-winning Texas criminal defense attorney Shane Phelps is recognized by the Texas Board of Legal Specialization as a Board Certified Criminal Law Specialist. At Shane Phelps Law, he leads a team of defense attorneys who are dedicated to winning the justice our clients need.

If probation is your sentence, take advantage of it and adhere to your probation’s terms and conditions. However, if you are accused of violating those terms and conditions, call Shane Phelps Law as quickly as possible – at 979-596-6843 – for the legal assistance you need.