If you violate your probation — or if the court simply suspects you did — you could end up behind bars for the maximum possible sentence. The Texas criminal justice system takes probation violations seriously and acts quickly to revoke both suspended sentence and deferred adjudication agreements.
Before you risk compromising your freedom and your future, talk to a probation violation lawyer in Allen, TX. The Law Offices of Randall B. Isenberg offers a free consultation to answer your questions and help you explore your options.
Call us now at 214-696-9253 for help.
A Probation Violation Carries Many Harsh Penalties
In addition to going to jail or prison for the statutory maximum sentence, you face a host of other penalties if the court deems you violated your probation.
You may face penalties that include:
- Additional fines, fees, and court costs
- Additional community service hours
- Additional counseling, treatment, or education requirements
You will also have a permanent criminal record and lose many of your most important legal rights. The two most important legal rights you relinquish are:
- Your right to a trial by jury
- Your right to be found guilty beyond a reasonable doubt
Probation, known as “community supervision” in the Texas statutes, is either a suspended sentence agreement or a deferred adjudication agreement. Your potential penalties vary based on the type and structure of your agreement.
Suspended Sentence Agreement
This type of probation offers you the opportunity to avoid going to jail or prison in exchange for meeting the requirements of your agreement. If you violate a suspended sentence agreement, the court can require you to serve out the maximum allowable sentence for your offense.
Deferred Adjudication Agreement
This type of probation offers you the opportunity to avoid having a permanent criminal record in exchange for meeting the requirements of your agreement. If you violate a deferred adjudication agreement, the court can pronounce you guilty and pass sentence. Consequently, you will have a permanent criminal record in addition to serving your sentence.
Our Probation Violation Lawyers Fight for You
We have explained the key legal rights you lose for a probation violation. However, you retain two critical rights:
- The right to legal representation
- The right to present a case in your defense
Unless you want to face the harsh consequences of a probation violation, consider taking full advantage of the rights you still have.
When you trust an Allen probation violation lawyer from the Law Offices of Randall B. Isenberg, we provide comprehensive legal services based on the details of your case. We devise our legal strategies to provide the best possible outcome for you. These are the most common approaches we use to resolve our clients’ probation violation cases:
Providing an Explanation and a Plan
In some cases, uncontrollable events may jeopardize your probation. For example, if your agreement requires you to maintain a job but your place of employment closes its doors, we simply explain the situation to your probation office (PO) or, if necessary, to the judge. We provide a plan to resolve the situation and ensure the proposed solution is agreeable to your PO and the court.
Disputing Your Probation Violation
It is possible you did not actually violate your suspended sentence or deferred adjudication. In that case, we document the facts of your case and present them to your PO or, if necessary, to the judge.
Because you lost your right to being found guilty beyond a reasonable doubt, however, the judge can rescind your probation on a preponderance of the evidence. We will build the strongest possible case to prove your innocence.
Renegotiating Your Probation Agreement
If you did violate your agreement, we can often convince the court to renegotiate the terms rather than revoke your probation outright. This may require an extension of the agreement or additional penalties such as community service and educational programs. We work diligently to devise a revision that satisfies the court while minimizing the negative effects this may cause for you.
Making a Strong Case on Your Behalf
Because you still have the right to defend yourself in court, our legal team will take full advantage of this opportunity. We investigate the circumstances of your alleged violation and obtain information to support your defense. We may call witnesses and present evidence to support your defense.
The sooner we can get to work on your case, the better our chances of obtaining a favorable outcome. Contact the Law Offices of Randall B. Isenberg now to learn more: 214-696-9253.
Determining Whether You Violated Your Probation Agreement
Our legal team determines whether you did indeed violate your probation agreement and, if so, under what specific terms. Violating any of your agreement’s terms can lead to a revocation. However, some of the most common types of violation include the following:
- Missing a scheduled check-in with your probation officer
- Missing a mandatory drug and alcohol screening
- Failing a drug or alcohol screening
- Not completing the required community service
- Not completing a required education or treatment program
- Not staying current on court-ordered fees, fines, or costs
- Not maintaining steady employment
- Leaving an established geographic boundary
- Being detained or charged by the police
- Associating with known criminals or gang members
For less serious violations, your probation officer may be amenable to a simple explanation. For a more serious violation, such as being arrested for driving while intoxicated or committing another type of crime, having a criminal defense lawyer on your side may help you avoid a potentially dire outcome.
Free Consultation for Allen, TX Probation Violation Cases
A probation violation lawyer in Allen from the Law Offices of Randall B. Isenberg will fight to help you retain your freedom and potentially avoid additional penalties. Our primary goal is to resolve the situation before it progresses to a scheduled probation revocation hearing.
At the first indication of a potential problem, call 214-696-9253 for help. We provide a no-cost, no-obligation consultation and case review.