Violating your probation in Garland can land you in jail, potentially for much longer than your original sentence. Once the state moves to adjudicate or revoke probation, you lose many of your legal rights. One right you do not lose is the right to defend yourself against probation violation allegations.
If you hope to avoid going back to jail — potentially for the maximum sentence allowed for your crime — you need help from a probation violation lawyer in Garland.
Call the Law Offices of Randall B. Isenberg to get started: 214-696-9253.
How Can a Probation Violation Lawyer Help You?
To get probation for a Texas criminal conviction, you agreed to comply with the terms set forth by the court. In exchange for your pledge, the court agreed to grant you your freedom — based on certain conditions.
When you violate those terms, however, the court can, and will, revoke your agreement. When that happens, you will go back to jail. But, rather than serving the sentence you received originally, the court can compel you to serve the maximum sentence allowable for your crime.
To avoid this fate, you must make a persuasive case to the court. And, to do this, you need a probational violation lawyer in Garland to represent you and to protect what few legal rights you have left once you violate your probation.
What Rights Do You Lose and Keep as a Probation Violator?
Once you violate your probation in Texas, you lose the right to a jury trial. Instead, the judge who passed sentence originally will typically hear your probation revocation hearing and decide what happens next.
You also lose the right to the reasonable doubt standard. The state needs to only prove its case by a preponderance of the evidence, rather than the typical reasonable doubt standard.
You do, however, retain some key legal rights:
- You have the right to legal counsel.
- You have the right to present evidence in your defense.
- You have the legal right to enter a plea in response to your alleged violation.
Your probation violation attorney can ensure the protection of those rights you do have left, and work within those rights to improve the outcome of your case.
What Happens When You Violate Probation in Garland?
When you violate probation in Garland, the punishment depends on what type of probation the court originally gave you.
Probation (sometimes called community supervision) refers to the conditions, sanctions, programs, and requirements the court assigns to a defendant in lieu of a jail or prison term. The Texas probation statutes establish the parameters of probation in Garland, using two main categories of agreements for accomplishing this objective.
Also known as “regular” or “straight probation,” the court uses this type of agreement upon conviction or the acceptance of a plea deal. In a suspended sentence agreement, the court agrees to suspend some portion of the jail or prison sentence the defendant must otherwise serve. If you violate a suspended sentence agreement, the court issues a Motion to Revoke the probation agreement. After a violation hearing, the court will order incarceration for the remainder of your sentence.
The court uses this type of agreement in the absence of a conviction. In other words, the court gave the defendant a probation agreement rather a trial. Upon the full and successful completion of all the terms of the agreement, the court will drop the original charges. If the defendant fails to complete the agreement, the court files a Motion to Adjudicate. After a violation hearing, the court will impose a guilty verdict and order you to serve the maximum statutory sentence.
If you have a probation violation attorney, however, your lawyer can potentially push through a third option. Your lawyer can work with the court to negotiate a modification of your original agreement.
This may add conditions or time to your original agreement. But it may also keep you from going back to jail.
What Constitutes a Probation Violation in Garland?
The original probation agreement establishes the restrictions and conditions of your arrangement. Whenever you violate any of those terms, you violate your probation.
Some actions commonly associated with a probation violation include the following:
- Breaking the law or committing a crime
- Associating with known criminals
- Drinking alcohol
- Taking drugs
- Leaving the state or county without permission
In most probation agreements, you must avoid certain actions while completing specific obligations imposed by the court. The following list includes the requirements that most courts require:
- Holding a job
- Reporting to a probation officer
- Performing community service
- Completing specific counseling or education programs
- Reporting for periodic substance testing
Although this list contains some of the most common types of violations, you will violate your probation if you fail to meet any of the requirements of your agreement.
What Can I Expect After Violating Probation?
Upon an arrest for probation violation, the court will schedule a hearing on the matter. If you had deferred adjudication, the court will release you on bond in most cases. If yours was a suspended sentence agreement, the court will hold you in jail without bond.
Unless you get a lawyer, you may remain in jail until you serve out your sentence.
When you have an attorney, however, you may discover options you never knew existed. Probation violation attorneys understand how to negotiate with the court and hammer out an acceptable agreement that often does not require you to serve out your sentence.
And, even if the court revokes your probation, your lawyer can negotiate to have it reinstated later.
Call the Law Offices of Randall B. Isenberg Today
If you are facing charges for a probation violation, your future and freedom is at stake. You need an attorney who understands the laws and how to work with the system.
Attorney Randall Isenberg has more than 30 years’ experience, including time spent as a felony prosecutor and district court judge. Not only can he protect your legal rights and assist you through every aspect of the process, but he will also put this insider’s perspective to work to ensure the best possible outcome for your case.
Contact the Law Offices of Randall B. Isenberg today to schedule a free consultation to discuss your case: 214-696-9253.