We had a potential client chat with us: “Terms of Probation (Scram) was extended by probation officer not a judge. Never received notice of violation. Was told upon arrival of device removal. Can the lawyers on RBIsenberg.com help me?”
Can a Probation Officer Extend SCRAM Without a Judge’s Order? How RBIsenberg, P.C. Can Help
If you’re on probation and required to wear a SCRAM (Secure Continuous Remote Alcohol Monitor), you already know how strict and life-impacting these conditions can be. But what if your probation officer extends your SCRAM requirement without a judge’s approval — and without notifying you of any violation?
Unfortunately, situations like this happen more often than people realize. You might have been expecting to get your SCRAM device removed on a certain date, only to arrive at your appointment and be told your monitoring is extended. No court hearing. No written notice. No opportunity to defend yourself.
Why This May Be a Legal Problem
In Texas, probation terms are generally set and modified by a judge, not by a probation officer acting alone. If your SCRAM requirement was extended without a court order, it could raise serious legal questions about due process and whether your rights were violated.
In most cases, if the probation department believes you violated your terms, they must:
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File a motion to revoke or modify probation with the court
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Provide you with written notice of the alleged violation
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Give you an opportunity to be heard before a judge
Skipping these steps may be a violation of your constitutional rights.
How RBIsenberg, P.C. Can Help
At RBIsenberg, P.C., our criminal defense lawyers have experience challenging unlawful probation extensions and unfair SCRAM monitoring orders. We can:
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Review your probation records to see if a proper court order exists
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Investigate whether the probation officer followed required procedures
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Represent you in court to challenge any improper extensions
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Seek removal of the SCRAM device if it’s not legally justified
Probation is already restrictive enough — you shouldn’t have to face extra punishment without due process.
If your SCRAM term was extended without a judge’s order and you never received a notice of violation, contact RBIsenberg, P.C. today for a confidential case review. We can fight to protect your rights and get you the fair treatment you deserve.
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