A probation violation in Richardson can prompt the court to revoke your probation agreement and send you to jail. Probation, also known as community supervision, offered you a preferable alternative to spending time behind bars. Do not risk your freedom and your future by incurring a violation.
Contact the Law Offices of Randall B. Isenberg today to consult with a probation violation lawyer in Richardson, Texas. Our legal team can take quick action to protect your rights and fight to get your probation agreement reinstated. Call us at 214-696-9253 to schedule a free case review.
Common Types of Probation Violations in Richardson
If you fail to uphold any portion of terms and requirements contained in your community supervision agreement, you can face a probation violation. In Richardson, Texas some of the most common violations include the following:
- Getting arrested or charged with a new crime
- Failure to attend a scheduled appointment or check-in
- Failure to pay the required fees
- Failure to complete community service
- Failure to complete court-ordered counseling
- Inability to hold a job
- Failure to appear for drug or alcohol testing
- Failing a drug or alcohol screen
- Associating with known criminals
We understand that you may have made an honest mistake or confused the time of your probation check-in or gotten laid off from your job because your employer had to downsize.
Whatever the reason for your violation, our legal team can develop proactive strategies to address it with your probation officer (PO) or the court. Ideally, we can resolve the situation to everyone’s satisfaction before your PO files a motion to revoke your probation.
Once your PO files this motion, however, it sets a chain of events in motion that could, ultimately, put you back behind bars.
The Probation Violation Process in Richardson
The penalties and legal processes you will face for violating your probation depend on the type of community supervision agreement you have in place.
The Texas Code of Criminal Procedure (CCP) establishes two possible options for community supervision:
Commonly known as “straight probation,” the court uses this type of probation arrangement if you plead guilty to a crime or if the court renders a guilty verdict. If you violate your suspended sentence agreement, or if the court or your PO believes you did, they will file a motion to revoke your agreement. The court will schedule a hearing to determine the disposition of your case. If the judge elects to revoke your agreement permanently, you must serve the sentence initially passed by the court.
The court uses this type of agreement when you agree to complete specific steps in exchange for avoiding jail or prison and sealing your criminal record from public view. In essence, the court decides to defer convicting and sentencing you if you agree to specific terms. If you fail to uphold your agreement, the court will file a motion to adjudicate and schedule a hearing. If the judge revokes your agreement, you will likely receive the maximum possible sentence for your crime.
How a Probation Violation Affects Your Legal Rights
When you violate your community supervision agreement, you sacrifice essential legal rights, such as:
Right to a Jury Trial
When you violate your community supervision agreement, you relinquish your right to a trial by jury. Instead, a judge will hear your probation violation case – often the judge who oversaw your original case.
Reasonable Doubt Standard
Under normal circumstances, the prosecution is obligated to prove the case against you beyond a reasonable doubt. However, a probation violation reduces that burden to a preponderance of the evidence.
Fortunately, you do retain three critical legal rights. Under Texas law, you have the right to legal counsel. Even under a probation violation investigation, you retain the right to have legal representation at your hearing. You also have the right to enter a plea at your violation hearing. You will maintain the ability to mount a case in your defense at the hearing, including the presentation of relevant evidence.
Our legal team will ensure the protection of your rights and work as aggressively as possible to leverage those rights you do maintain.
How a Probation Violation Lawyer in Richardson, Texas Can Help
When you violate probation, you place yourself at substantial risk of going to jail or prison. Worse, you relinquish a significant portion of your legal rights. A probation violation lawyer can protect your rights and work to keep out of jail.
If the prosecutor can convince the court that you did, you will lose all the work you have invested thus far in complying with the terms of your probation agreement.
Typically, upon determining that you violated your agreement, the court will impose the maximum possible sentence statutorily allowed for your original offense. Other penalties you may face for violating probation include:
- Additional monetary fines
- Court costs and fees
- Community service
- Court-mandated treatment or counseling
Schedule a Free Case Evaluation Today
Contact the Law Offices of Randall B. Isenberg at the first sign or suggestion that you may have violated your probation, or that your PO believes you did. We can negotiate with the prosecutor to reinstate your community supervision agreement or revise its terms to keep you out of jail. Or, if necessary, we will represent you at your probation violation hearing and fight for your freedom.
Our legal team at the Law Offices of Randall B. Isenberg is prepared to move quickly to avert the potential damage, especially if the state has not yet officially begun the process to revoke your community supervision agreement. Contact us at 214-696-9253 to schedule a complimentary consultation with a probation violation lawyer in Richardson, Texas.