Violating your probation is a serious transgression in Texas. It pays to follow any rules or regulations set for your probation because you will not like the consequences of violating probation. This could include anything from jail time to court-ordered rehabilitation or other punishments.
If you are facing accusations of probation violation, you need a probation violation lawyer in Fort Worth on your side as early in the process as possible. We need to act quickly and assertively to prevent you from spending time in jail and to protect your right to a fair hearing about the alleged violation. Call the Law Offices of Randall B. Isenberg today at 214-696-9253.
What can I expect after an accusation I violated the terms of my probation?
Sometimes, you may learn of the accusation against you before your probation officer takes any legal action. Often, a probation officer will call you into his office to discuss a possible technical violation and may or may not take action afterward. If this has happened to you, it is a good idea to give us a call so we can help protect your rights if your probation officer decides to pursue further action.
Another way many probation violations occur is when the police arrest you for another offense. The purpose of probation is to allow you to get the support and treatment you need to stay away from illegal activities. All too often, though, another arrest occurs during the probation period, leading to a violation.
The State of Texas probation revocation process begins when your probation officer learns of your alleged infraction and presents the District Attorney with a “motion to revoke probation.” The District Attorney’s office approves or denies the motion. Only then does the court issue a warrant for your arrest. If police arrested you for violating the terms of your probation or if there is a warrant out for your arrest because of the violation, you are already well into the probation revocation process.
No one wants to spend time in jail, so it is important for us to know about your situation as early in the process as possible. Depending on the violation, we might be able to bond you out quickly or you might need to remain in jail until your court date. When you call us, we will let you know what will happen.
After your arrest, your case goes back to the court that ordered your probation. The District Attorney’s Office has the burden of providing a preponderance of evidence you violated the terms of your probation, and we present evidence in your defense. There is no jury in these hearings, with the judge deciding if you violated probation and the consequences you will face.
How can a probation violation defense lawyer help me avoid serious consequences?
Our goal in most probation violation hearings is to present evidence to mitigate the damage done by the violation and to minimize its impact on our clients. We often present evidence showing compliance with any required classes or programs, good attendance at work or school, community involvement, and other positive life changes. This helps to show the judge you are working hard to overcome your previous mistakes and are staying on the right track.
If you did not violate the terms of your probation, we can also present evidence to show how your probation office got this wrong, and why the accusations cannot be true. This may be as simple as presenting phone logs to show you checked in as ordered, or as complicated as showing exactly where you were when you were allegedly violating your probation.
What are the potential consequences of a Fort Worth probation violation?
There are a number of outcomes possible after a hearing to revoke your probation. The consequences you face depend on a variety of factors, including your initial charge. Some of the options available to the judge include:
- Continue your probation as it previously was
- Continue your probation, but modify the terms
- Continue your probation with additional fines or community service
- Send you to a drug treatment facility, or other similar program
- Revoke your probation and send you to jail for the remainder of your sentence
Many people fear a probation violation automatically means they are going to jail. However, with a good defense, this is not always the case. As you can see, the judge has many other options and will often choose one of these options if we can present an aggressive defense.
How can Randall B. Isenberg help me fight a probation revocation in Fort Worth?
The elements of your probation violation defense depend on the facts of your case, so the best way to learn more about how we can help you is to give us a call. Attorney Randall B. Isenberg has more than 30 years of criminal law experience in Fort Worth, and understands how the probation revocation process works. Randall was a chief felony prosecutor and a state district judge so our staff most likely knows the staff working on your case, and the judge handling your hearing.
We know what the court wants to see when someone comes in for a probation violation, and how to effectively communicate that you are on the right track to prevent future arrests or other legal issues. Ultimately, your probation officer, the judge, and the prosecutors want to see you get the support and treatment you need to live a life where the court system plays little role. By showing them you are doing what you need to do to accomplish this, we can often minimize the consequences of a minor probation violation.
We are ready to act quickly and aggressively if they accuse you of a technical violation, or if you face new charges. Contact us today, and let us go to work on your case.
How can I reach the Law Offices of Randall B. Isenberg?
If you face allegations of a probation violation or the police arrested you for another offense while you are on probation, you need a strong attorney on your side. Call the Law Offices of Randall B. Isenberg today at 214-696-9253 to schedule a time to discuss your Fort Worth probation violation defense.