How To Fight A Motion To Revoke Probation. You were convicted of a crime. But the court saw fit to sentence you with probation, so you could have a chance to learn from your mistakes and to do better. But you ended up in violation of your probation and are now faced with a new dilemma. If you don’t want to find yourself in this situation, you need to understand what constitutes a probation violation. Read on to learn more about probation violations in Texas.
When you are convicted of a crime, you may negatively affect your future. If you are granted probation and fail to follow that court order, you may be facing more severe consequences. A probation violation is a serious offense. If you violate probation in the state of Texas, the court is not required to offer leniency; one could potentially face the maximum penalty under law. So, what do you need to know to avoid this? First, you should understand what probation types are available in Texas.
The courts in the state of Texas can sentence offenders to one of two types of probation. The first type of probation is referred to as straight probation. Straight probation occurs when a conviction is present on your record due to a finding of guilt, but the judge offers community supervision instead of a more severe penalty like jail time. This type of probation usually involves requirements for the offender, such as regularly scheduled meetings with a probation officer, participation in drug testing, and certain educational conditions. A violation of straight probation often results in the offender having to serve at least the remainder of their sentence in jail; but in some cases, the requirement is to serve the entire maximum sentence.
The second type of probation is called deferred adjudication. Deferred adjudication is when the court delays a conviction so that an offender can complete a probation program and remain out of jail; completing deferred adjudication probation in Texas usually will result in one’s charge not being a conviction. But violating deferred adjudication probation is akin to disregarding the second chance provided by the court and could result in you receiving the maximum sentence for your original crime.
Another important thing to understand is that probation violations come in a myriad of ways. The terms of your probation can be violated very easily in many cases. Some common probation violations include failure to report to your probation officer, leaving your county or state without permission, committing a new criminal offense, consuming drugs or alcohol, failure to report for drug testing, and failure to maintain employment, among others.
Probation violations in Texas can result in a variety of consequences, from being issued a warning to being required to make a court appearance. A court appearance is most often required due to a significant violation for a misdemeanor or any violation for a felony.
If you must go to court, the court, prosecutor, defense attorney, and defendant often can come to a negotiated resolution. On some occasions, a hearing is required so a judge can hear testimony and evidence to determine whether the allegations of violation are valid, such that revoking probation is justifiable. The judge will consider the evidence to determine if you did, in fact, violate the terms of your probation.
If the court decides a probation violation has occurred, you may have your original probation revoked and receive a sentence. If you were on regular, straight probation, the sentence could include time in jail or prison, extended probation, additional conditions to the original probation, etc. If you were on deferred adjudication probation, the court can make a finding of guilt after ruling that the allegations are true and “adjudicate” you as guilty (i.e. levy a conviction), and similarly sentence one to prison and/or jail (depending on the offense) which may include the maximum term of incarceration under the law.
How To Fight A Motion To Revoke Probation. Probation violation is serious. It can lead to substantial fines, additional criminal charges, and jail time. Hiring a criminal defense attorney to manage your case is the most efficient and effective way to avoid the most extreme legal consequences for probation violation. If you or a loved one needs professional legal representation in Travis County due to a probation violation, the professional legal team of licensed attorneys at Jarvis, Garcia, & Erskine Law are available to help. You can contact Jarvis, Garcia, & Erskine Law online or by phone at 512-359-3030.