In University Park, a probation violation can send you to jail, potentially for the maximum sentence available for your offense. To avoid revocation of your probation, contact a probation violation lawyer in University Park as soon as possible for help.
Criminal defense attorney Randall Isenberg has more than 30 years of experience in the Texas criminal justice system. Our legal team will put this unique insight to work for you and fight to resolve your case as quickly as possible.
For a free case review, contact us today at 214-696-9253.
The Potential Penalties of a Probation Violation in University Park
When you violate your probation, you risk the following penalties:
- Going to jail or prison for the maximum term
- Losing several of your critical legal rights
- Paying additional monetary fines and fees
- Performing additional community service hours
- Attending court-ordered education, treatment, or counseling
- Having a permanent criminal record
The penalties you face will depend on the details of your original probation agreement and the nature of your violation. Going to jail and paying additional fines can substantially affect your life. However, other risks can affect your life for years or even decades.
For example, if you had a suspended sentence agreement, violating its terms gives the court the right to sentence you to the maximum penalty allowable for your offense.
Or, if you previously entered into a deferred adjudication agreement with the court, you may have avoided having a conviction on your record once you met the terms of your agreement. If you violate that agreement, you could have a permanent record that you cannot later have expunged or sealed. A criminal record can hinder your ability to get a job, rent a house, get a student loan, or obtain professional licensure.
How Having a Probation Violation Lawyer in University Park on Your Side Can Help You
When you violate probation, you lose your legal right to a trial by jury. You also lose the right to innocence until you are guilty beyond a reasonable doubt. Consequently, a judge can send you to jail based only on a preponderance of the evidence. This means the judge could send you to jail or prison for the maximum possible term if the judge determines you, more likely than not, committed a violation.
When you have a University Park probation violation lawyer from the Law Offices of Randall B. Isenberg on your side, we will protect the legal rights you do retain and fight to keep you from going to jail or having a permanent criminal record.
The rights you retain after a probation violation are:
The Right to Representation
When you violate your probation, you do not lose the right to have legal representation. A probation violation lawyer in University Park will help you navigate this complex area of the law and achieve the best possible outcome in our case.
The Right to Dispute the Probation Violation
Simply because the police or prosecutor alleges a violation does not ensure that the court will revoke your probation. You retain the legal right to enter a plea in court and present a case in your defense.
The Right to Present Evidence & Testimony
You retain the right to make a case in court in your defense. Our legal team will gather key evidence to make the strongest possible case on your behalf. If applicable, we will also call witnesses to give testimony in support of your case.
Contacting the Law Offices of Randall B. Isenberg as soon as possible allows us to work proactively on your behalf.
In many cases, we can go the prosecutor on your behalf and negotiate a quick resolution. This may allow us to get your probation reinstated or renegotiate the terms of your probation agreement. Or, we may simply be able to demonstrate that you did not violate the terms of your probation agreement.
If we cannot negotiate a proactive resolution, we will represent you at your probation violation hearing. Our legal team will prepare the strongest possible case and argue before the judge to obtain the best possible outcome for you.
Determining Whether You Violated Your Probation in University Park
Our legal team will review your case to determine whether you did indeed violate your probation agreement and, if so, the type of violation in question.
Probation — called community supervision in the Texas statute — can take one of two forms: a deferred adjudication agreement or a suspended sentence agreement.
Deferred Adjudication Agreement
This indicates an agreement in which the court will withhold adjudication, giving you the opportunity to pay fines, perform community service, etc., in exchange for having the charges dismissed.
If you violate a deferred adjudication agreement, the prosecutor will file a motion to adjudicate. The court will schedule a hearing and, if the judge finds you most likely committed a violation, pronounce you guilty and impose the maximum possible sentence.
Suspended Sentence Agreement
This indicates an agreement in which the court agreed to some type of preferable sentencing terms in exchange for a guilty plea. Typically, this means you stay out of jail as long as you honor the terms of your agreement. If you commit a violation, the prosecutor will file a court motion to revoke your probation. The court will schedule a hearing and, if the judge deems you likely did commit a violation, order you to serve out your original sentence.
Although you could face problems for violating any terms of your probation agreement, some of the most common events that trigger probation violation hearings include:
- Failure to report to or check in with your probation officer
- Failure to report to mandatory substance testing
- Failure to perform court-ordered community service
- Failure to attend court-ordered education or treatment
- Failure to pay court-ordered fees, fines, or costs
- Failure to remain employed
- Getting arrested
- Testing positive for drugs or alcohol
- Associating with gangs or known criminals
- Leaving the county or state without permission
The court takes some violations more seriously than others. Often, simply being proactive and explaining why you failed to complete a requirement can help avoid a problem. For instance, if you lost your job because your employer closed their doors, our legal team can contact your probation officer, explain the situation, and potentially develop a plan of action to keep you out of trouble.
If your case involves a more serious violation, such as getting arrested or failing a drug test, your probation violation lawyer can take quick action to try and get those charges dropped and explain your situation to the court.
Learn More About How a Probation Violation Lawyer in University Park Can Help – Free Consultation
A probation violation lawyer from the Law Offices of Randall B. Isenberg will protect your rights and work tirelessly to resolve the situation. We provide a free consultation for individuals potentially facing a probation violation charge in University Park.
Contact us today at 214-696-9253 for help.