Facing a probation violation allegation is a high-stakes legal matter. However, you don't have to navigate this complex realm alone. Get the representation you deserve from a probation violations defense attorney prepared to advocate for you tirelessly.
Our Texas criminal defense attorneys shed light on the nuances of these violations, their potential ramifications, and the importance of seasoned legal representation to protect your rights and secure the best possible outcome.
Rest assured, facing allegations of probation violations is a significant issue, but it doesn't spell a foregone conclusion; many strategies can be leveraged in your favor. So, if you or a loved one are contending with such accusations, there's no time to lose. Call the criminal defense lawyers at Shane Phelps Law in Bryan/College Station, Texas, today to start formulating a robust defense. Don't let a momentary lapse or misunderstanding derail your path to a better future.
Understanding Probation in Texas
In Texas, probation, also known as community supervision, can be granted by a judge or jury as part of sentencing. Under Texas law, probation allows an offender to serve his or her sentence outside a correctional facility under supervised conditions.
Conditions might include regular check-ins with a probation officer, attendance at and successful completion of designated programs (e.g., rehabilitation or educational programs), and adherence to specific rules such as maintaining employment.
Probation is not the same as parole. Parole is a form of supervised release granted to felony inmates who have already served a portion of their sentence. It's granted not by a court but by the Texas Board of Pardons and Paroles. Parole conditions might be similar to those of probation but are likely more stringent, considering that parolees are typically individuals convicted of more severe offenses.
In Texas, the consequences of a probation violation can be severe and may include revocation of probation, reinstatement of original sentencing, or additional penalties. The determination often depends on the nature of the violation and an individual's record of compliance.
Given the potentially serious consequences of probation violations in Texas, it's vital for individuals facing these allegations to have experienced legal representation like our law firm. Armed with an in-depth understanding of Texas's legal landscape, our team is prepared to defend your rights vigorously, seek fair outcomes, and guide you every step of the way.
Common Probation Violations
When faced with accusations of probation violations, a competent criminal defense lawyer can explain the various types of violations usually alleged in a motion to revoke probation (or motion to adjudicate in a deferred adjudication probation).
A few examples are:
- Failing to Meet Reporting Requirements: Probationers are required to meet regularly with a probation officer, usually on a monthly basis. Missing these scheduled meetings is a common, but significant, violation.
- Failing Drug and Alcohol Tests: Almost all probations require regular, random drug testing. It is a condition of most probations that a probationer cannot drink alcohol and, of course, to not ingest any controlled substances without a prescription. Failing a drug or alcohol test is a clear violation of these terms. Failing to show up for a drug/alcohol test is a violation, also.
- Commission of a New Criminal Offense: Usually, the first condition of any Texas probation is to commit no offense. If an individual on probation is arrested for a new offense, the arrest will almost always trigger a motion to revoke probation.
- Failure to Pay Fines or Restitution: Often, conditions of probation might include monetary obligations. These could include fines, court costs, restitution payments to victims, and supervisory fees paid to the probation department. Failure to meet these financial requirements is another common violation.
- Prohibited Association or Travel: Probation usually comes with certain restrictions on whom the person can associate with and where they can travel. Violating these restrictions can result in legal consequences.
- Failure to complete community service restitution as directed: In virtually all probations in Texas, probationers are ordered to complete community service. Community service usually means volunteer work with an approved non-profit. Probation conditions normally require performing a certain number of hours each month until completed.
The reality is that these violations can happen unintentionally or due to circumstances beyond one's control. However, regardless of the reason, potential consequences can severely damage your life. Experienced legal representation can mitigate the impact of these violations and advocate for the accused under Texas law.
What happens if probation is violated?
At the beginning of probation, the person placed on probation is given a copy of the “Conditions of Probation” after the conditions are explained. There are numerous conditions of probation, the violation of any one of which can result in a motion to revoke probation being filed.
When a motion to revoke probation is filed, the probation department will list all violations including the commission of a new offense or offenses, failure to report as directed, failure to pay fines, fees, and costs, failure of a drug test, failure to perform community service, and failure to complete programs, among other possible violations.
The motion is usually prepared by the probation department and then forwarded to the prosecutor’s office. If the prosecutor agrees, the prosecutor will sign the motion to revoke and forward it to the judge who ordered the probation. The judge will sign the order and, usually, set a bond. At this point, a warrant for arrest is issued and the probationer is arrested.
It is usually possible to be released on bond pending disposition of the motion to revoke. There are, however, some circumstances in which bond can be denied. Once you have hired a good criminal defense attorney, he or she will work with the prosecutor to try to resolve the motion to revoke without a hearing. If not, the court sets a hearing before the judge on the State’s motion to revoke.
At this hearing, there is no jury. The judge decides whether the State has proven that a probationer has violated probation. The burden on the State is not, at this point, beyond a reasonable doubt; the State only has to prove a violation by a preponderance of the evidence. If the judge finds there was a violation, the judge determines what should happen to the probationer.
What are the consequences of being found in violation of probation?
After a hearing on the State’s motion to revoke probation, the judge has very wide discretion as to what should happen to the probationer found in violation. First, in a misdemeanor probation, the judge can sentence the probation to jail.
In most circumstances, the judge has the entire range of punishment available. In a felony probation, the judge can sentence a probationer to years in prison. The judge also has the discretion to modify the probation to add jail time as a condition of probation, add community service, order a probationer into custody to serve time in a rehabilitation program, or extend the length of a probation.
Contact a Probation Violation Defense Lawyer in Bryan/College Station, Texas
If you are facing a probation violation in Bryan/College Station, Texas, securing professional legal help can significantly impact the outcome of your case.
Our law firm comprises a proactive, experienced, and compassionate team of attorneys ready to serve you in your hour of need. We believe in our clients' future and work tirelessly to ensure the best possible outcome.
The criminal defense attorneys at Shane Phelps Law stand ready to provide the dedicated legal support you need in this challenging time. Contact us today at (979) 775-4100 to learn more about how we can help you.