When you received a deferred sentence and were granted probation, you may have breathed a sigh of relief. With probation, however, there is always the risk that you could violate the terms of your probation (or be accused of doing so). If you have been accused of violating your probation in Texas, you could be facing the specter of having to serve some or all of your deferred sentence.
You may want to have a McKinney probation violation lawyer represent you in front of the judge that may decide whether you will remain free or have your probation revoked. Call our team at the Law Offices of Randall B. Isenberg today at (214) 696-9253 to learn more about how we may be able to serve you.
When Probation Comes into Play
The term probation is referred to technically in the Texas penal code as “community supervision”. There are generally two scenarios in Texas that call for community supervision. According to Art. 42A.001 of the Texas Code of Criminal Procedure, they are:
- When your criminal case is deferred without you being adjudicated of your guilty charge
- When your sentence is suspended completely or in part
Probation for a Deferred Criminal Charge
In the first instance, you may generally:
- Be able to live as a free person (not convicted of the crime that was originally levied against you), with limited rights as determined by the court
- Be granted this right—and have this right taken away—based solely on the discretion of a judge, according to Art. 42A.051(b) of the Texas Code of Criminal Procedure
The judge may also have the right to change the terms of your conditional release at any point during the designated probationary period. If you comply with the terms of release throughout the determined period, then you may:
- Be discharged from the conditional terms of your release
- Have the deferred charge dismissed
However, if you violate the terms of your probationary release, the judge may decide to levy the deferred sentence against you, resulting in a conviction and imposition of any legal consequences that were pending. In cases like these, a McKinney probation violation lawyer could help you navigate all the steps you need to take.
Probation for a Suspended Sentence
You may have been granted probation after serving some portion of a sentence for a criminal charge of which you were convicted. The court may have allowed your release under such conditions as:
- House arrest
- Electronic monitoring, which can include voice tracking, geographic position tracking, and biometric tracking (according to Art. 42A.001(B)(3) of the Texas Code of Criminal Procedure)
- Mandatory check-ins with a probation officer, referred to in the Texas penal code as a “supervision officer” (Art. 42A.001(B)(4) of the Texas Code of Criminal Procedure).
- Mandatory work, education, and community service requirements
- Avoiding interactions with places and people that may be disreputable
- Avoiding the use of alcohol or drugs
- Providing financial support for children or others considered “dependents”
- Paying a variety of fees for required psychological testing, housing, and other elements of your release
- Avoiding engagement in any violation of the law
The conditions of probation can be numerous and complicated, and what constitutes a “violation” of probationary terms may not be precisely clear. Nevertheless, if you are deemed to have violated the terms of your probationary release, the judge may have the right to order you to fulfill the remainder of your sentence.
The Texas Politics Project reports that, depending on the crime of which you were initially convicted, such a sentence could include:
- For a Class B misdemeanor, up to 180 days in jail
- For a Class A misdemeanor, up to 1 year in jail
- For a state jail felony, up to 2 years in jail
- For a third-degree felony, up to 10 years in prison
- For a second-degree felony, up to 20 years in prison
- For a first-degree felony, up to life in prison
Considering the possible outcomes, it is important that you put forth your best foot when pleading to a judge that:
- You did not violate your probation, as has been alleged
- You violated your probation, but are requesting leniency
A McKinney probation violation lawyer may be able to make such a case on your behalf. Call our team at the Law Offices of Randall B. Isenberg today at (214) 696-9253 for a free consultation with our probation violation attorneys about how we may be able to help in your defense.
A McKinney Probation Violation Lawyer Can Help Defend You
You may have a lot riding on the determination of whether you violated the terms of your probation, or whether your violation warrants you being:
- Adjudicated on a sentence that was previously deferred
- Required to serve the remainder of a suspended sentence
Your freedom could be on the line (among other things). A Texas probation violation lawyer may be able to argue your case for preserving your freedom in front of the presiding judge. Legal representation is a right in Texas, and if you choose to accept assistance from a probation violation lawyer, then your attorney may:
- Collect the facts of your case, including the specific terms of your probationary release
- Parse the legal language that governs your conditional release, comparing it with the alleged reason why you have violated your probation
- Organize any evidence that suggests you have not violated your probationary release, as has been alleged
- Enter a plea of “not guilty” in response to the allegation that you have violated your probation
- Represent you in front of the judge who will ultimately determine whether you have violated your probation, and whether such a violation warrants you forfeiting the freedom that you have
- Advise you on whether arguing that you did not violate your probation is a preferable strategy—or conversely; advise you to argue that you should be granted leniency for any violation that you did commit
- Execute whichever strategy to which you mutually agree.
- Defend your rights
The prospect of returning to jail or prison (or being sent there for the first time) may be very daunting. A lawyer will attempt to preserve your freedom in light of a pending allegation of a probation violation.
Call our Team at the Law Offices of Randall B. Isenberg Today
You do not have to face an allegation that you violated your probation all alone. A McKinney probation violation lawyer will advise you on your rights and help defend you from the possibility of being deprived of your freedom. Call our team at the Law Offices of Randall B. Isenberg today at (214) 696-9253 for a free consultation.
Our lead attorney Randall B. Isenberg has more than 30 years’ experience as a former judge, prosecutor, and now attorney.