If you have been charged with violating your probation in Frisco, TX, you face the possibility of getting sent to jail for the maximum sentence allowed for the original crime. To fight a probation violation charge, you cannot present your case to a jury but instead must attend a hearing in front of a judge.
You can have an attorney represent you at your probation violation hearing. A Frisco probation violation lawyer from the Law Offices of Randall B. Isenberg will fight to keep your probation from getting revoked. We offer a free, no-risk case evaluation and are eager to help.
To speak with a member of our staff today, call us at 214-696-9253.
Types of Probation Violations in Texas
Texas has two main types of probation. The first, deferred adjudication probation, means the judge agreed to put off finding you guilty of your original charge on the condition that you successfully complete a probation term. If you avoid any further trouble during your probation period, the state drops the charge, and you avoid a criminal record.
The second type is straight probation. People convicted of crimes get sentenced this type of probation as an alternative to some or all their jail sentence. For instance, your crime might have called for two years in jail, but the judge made you serve only six months, followed by probation for the remaining year and a half.
Violation of Deferred Adjudication Probation
If a judge finds that you violated your deferred adjudication probation, they may find you guilty for the original crime. Even worse, they can impose the maximum sentence on you for that crime, putting you in a worse position than if you had been found guilty in the first place and sentenced to jail.
Violation of Straight Probation
If a judge finds that you violated your straight probation, they will likely order you to serve the remainder of your sentence behind bars rather than on probation. Returning to the hypothetical situation above in which you were sentenced to two years with all, but six months served on probation, the judge may order you back to jail to serve the full two years.
No matter the details of your probation violation, our team can help. Call the Law Offices of Randall B. Isenberg today for a free case evaluation with a probation violation lawyer in Frisco. Call 214-696-9253.
Types of Probation Violations in Frisco, TX
When you get put on probation in Texas, the courts impose several rules on you. If you violated or are suspected to have violated any of these rules, you could get charged with violation of probation, which can lead to your probation getting revoked.
The most common types of probation violation in Texas include:
- Getting arrested for a subsequent crime like getting a DWI
- Failing a drug or alcohol screen
- Leaving the city, state, or county without permission from your probation officer
- Failing to show up for a scheduled meeting with your probation officer
- Not completing a required drug or alcohol screen
- Failing to maintain gainful employment
- Failing to perform required community service or education programs
Whether you are facing violation of probation charges because you got arrested for another crime or because the court claims you failed to uphold one or more obligations of your probation, our criminal defense lawyers will fight to keep your probation from getting revoked. For a free case evaluation, call us at 214-696-9253.
Your Rights as a Person Accused of Violation of Probation
As a person accused of violation of probation in Texas, you do have rights. These include:
- The right to an attorney;
- The right to enter a plea in response to the accusation;
- The right to present (or have your attorney present) evidence in your defense.
That said, fighting a probation violation charge is a substantial challenge, and for one primary reason. In a typical criminal case, the prosecution must prove that you are guilty beyond a reasonable doubt. Unfortunately, that burden does not exist in a probation violation hearing. Instead, if the judge believes the preponderance of the evidence (in other words, more than 50 percent) points to your guilt, they can find you guilty and revoke your probation.
Attorney Randall B. Isenberg is uniquely positioned to fight for you in front of a judge, as he spent many years in the Texas court system working as both a prosecutor and as a district judge. He understands how judges operate and how they think, and what types of arguments best appeal to them.
What to Expect After a Probation Violation Charge
Upon charging you with violating your probation, the court will set a hearing. This hearing is where you get to appear before a judge with your attorney and present evidence in your defense. In the meantime, depending on the circumstances of the case, the judge may set you free on bond or hold you until your trial date. Your attorney can help work out a deal to allow you to go free while awaiting your hearing.
As your hearing date approaches, your attorney will work with you to craft a defense strategy. Attorney Randall Isenberg has helped many clients win their probation violation hearings and knows how to put together a compelling defense. Even if the court has already revoked your probation, our team can fight to have it reinstated.
The Law Offices of Randall B. Isenberg believes in the presumption of innocence, and our passion is fighting for the rights of the accused. We are eager to help you beat your violation of probation charge. Receive a free consultation today by calling 214-696-9253.
For a Free Probation Violation Case Evaluation in Frisco, TX, Call the Law Offices of Randall B. Isenberg at 214-696-9253
Attorney Randall Isenberg and his team will help you fight your probation violation charge, minimizing the chance of getting your probation revoked and going to jail. We offer a free consultation and case evaluation. Let us know how a probation violation lawyer in Frisco can help you today by calling 214-696-9253.