If you violate probation in Rockwall, the court will move to revoke or adjudicate your probation. As a result, you will go straight back to jail — and potentially remain there for much longer than you anticipated — unless you fight for your freedom and your future.
Contact a probation violation lawyer in Rockwall as quickly as possible, even if your probation officer or the state has not yet begun legal action.
Schedule a free consultation at the Law Offices of Randall B. Isenberg today at 214-696-9253.
What Happens When You Violate Probation in Rockwall?
When you violate the terms you agreed to at the time of your conviction, your probation officer (PO) will present the District Attorney (DA) with a motion to revoke your probation.
If the DA approves the motion, the court issues an arrest warrant. Once the police arrest you for your violation, your ability to bond out depends on whether you had a suspended sentence or deferred adjudication.
Having a probation violation lawyer working on your case is the best way to ensure the protection of the rights you still have.
Your attorney can often negotiate with the court to reach a mutually acceptable agreement to get you out of jail and have your probation reinstated.
How Does a Probation Violation Affect Your Legal Rights?
The first thing you lose is the right to a jury trial to determine the outcome of your case. In most cases, the judge who issued your original sentence will preside over your probation violation hearing and decide your future.
The next right you lose is the legal standard of reasonable doubt. The DA only needs to make the state’s case based on a preponderance of evidence.
You do retain the right to a lawyer, to enter a plea in response to the allegations of a probation violation, and the right to mount a legal defense in court.
Because you retain so few of your legal rights, having a probation violation lawyer to represent you is the best way to protect those rights and to aim for the best possible outcome in your case.
What Are the Punishments for a Probation Violation in Rockwall?
Your probation violation punishment will depend largely on your original sentence and the structure and requirements of the community supervision agreement that kept you out of jail at that time.
The Texas probation statutes provide for two types of agreements available for use in structuring a community service agreement: deferred adjudication and suspended sentence.
The court will use a deferred adjudication agreement if you negotiated to accept probation in lieu of going to trial. In other words, the court did not sentence you on your charges.
Under this structure, the court agrees to drop the charges against you after you meet the terms and complete all the requirements of the agreement. If you subsequently fail to meet the terms of the deferred adjudication agreement, the court will file a motion to adjudicate.
When you appear in court, unless you present a persuasive defense, the judge will find you guilty of the original charges and impose the statutory maximum sentence.
The arrangement you may recognize as “straight probation” is called a suspended sentence agreement. The court uses this agreement for those cases that involve a conviction or plea bargain. This agreement acknowledges the court’s willingness to suspend some or all the statutory penalties if you agree to the terms of the agreement.
Once you violate a suspended sentence agreement, however, the court will file a motion to revoke the agreement. At the conclusion of the violation hearing — if you fail to present a persuasive defense — the judge will order you to jail to serve out the portion of your sentence that the court previously agreed to suspend.
A probation violation lawyer can negotiate with the court and, in many cases, come to an agreement that will keep you out of jail. This typically involves a modification of your suspended sentence or deferred adjudication agreement, potentially extending your probation or incorporating additional requirements.
Even if you must serve a longer probation or perform additional community service, this may be the best way to keep you out of jail.
I Do Not Think I Violated My Probation. What Qualifies as a Violation?
Your deferred adjudication or suspended sentence agreement outlines the specific conditions, requirements, and restrictions of your probation. The failure to uphold any aspect of your agreement may mean you have violated the terms.
Some of the most common actions associated with a violation include drinking or taking drugs, committing a crime, associating with known criminals or street gangs, and leaving the state without obtaining permission from your PO.
Your agreement may require you to maintain steady employment, perform a specific number of community service hours, attend classes or counseling sessions, submit to substance use testing, or report periodically to your PO.
Whether your agreement contained these or other terms, you commit a violation as soon as you fail to perform your obligations.
Contact a Probation Violation Lawyer in Rockwall as Soon as Possible
To make your case to stay out of jail, contact a probation violation lawyer in Rockwall immediately upon becoming aware of a violation.
In many cases, your attorney can intervene on your behalf to avoid a revocation or adjudication filing by the DA. If the DA has already filed a motion, you will need your lawyer to protect your remaining legal rights.
Violating your probation agreement puts your future and your freedom in jeopardy. For that reason, you need to find a lawyer who understands how the system works and how to work within the applicable laws to keep you out of jail.
Attorney Randall Isenberg has more than 30 years of experience as a prosecutor and judge as well as an attorney. His knowledge and experience — as well as his unique insider’s perspective — means he knows how to help.
Contact the Law Offices of Randall B. Isenberg today at 214-696-9253 to discuss your case.