Probation Violation Lawyer in McKinney
If you violate your probation agreement, you may soon find yourself immersed in a complex and potentially dire legal situation. The court can send you back to jail, where you will potentially serve the maximum possible sentence for your offense. As a result, you will lose many of your most important legal rights.
One of the few legal rights you retain is the right to have a probation violation lawyer in McKinney defend you. Attorney Randy Isenberg, a probation violation lawyer serving clients in McKinney and other areas of North Texas, understands how important it is to take a proactive approach to these allegations.
For immediate assistance, contact the Law Offices of Randall B. Isenberg at 214-696-9253. We offer free consultations to probation violation clients in McKinney.
What Happens If You Violate Your Probation?
You are likely headed to jail unless you take quick action to address the situation.
Being on probation requires that you comply with every term and requirement of your probation or deferred adjudication agreement. If you breach your agreement in any way, the court can revoke your probation.
What happens next depends on which type of probation you have, the nature of your violation, and what steps you take to address it. If you fail to resolve the problem quickly, the court will likely require you to serve out your original sentence. In some cases, a judge may order you to serve the maximum possible time for your offense.
Do I Need a Probation Violation Lawyer?
To avoid going to jail, you must either renegotiate your community supervision agreement or plead your case in court. In either case, a probation violation attorney can provide invaluable assistance and protect the limited legal rights you have left.
At the Law Offices of Randall B. Isenberg, we represent probation violation clients in McKinney. Using a proactive approach, we attempt to renegotiate your community supervision agreement or, if necessary, present the strongest possible defense in court.
Before the court can send you back to jail, the prosecutor must prove your violation. Fortunately, you have the right to defend yourself and have legal representation during this process. Once we review the facts and evidence in your case, we can develop criminal defense strategies that can help you achieve the best possible outcome.
How Does a Probation Violation Affect Your Legal Rights?
Violating a community service or deferred adjudication agreement strips you of several legal rights.
Right to a Jury Trial
In most cases, you already had a trial, or you agreed to waive a trial in exchange for your probation. Consequently, your only chance to make your case will involve a hearing, typically held before the judge who presided over your original case.
“Reasonable Doubt” Standard
During your probation violation hearing, the prosecutor will not have to meet the normal legal standard of proving the case beyond a reasonable doubt. Instead, the prosecution must only meet a preponderance of the evidence standard.
Fortunately, you will not lose your right to legal representation. You also retain the right to enter a plea and mount a case in your defense.
What Kind of Events Constitute a Probation Violation in Mckinney?
Depending on your original agreement with the court, a variety of events could trigger a probation violation.
If yours was a straight probation agreement, typically the result of a plea bargain with a suspended sentence, you agreed to meet specific requirements and conditions in exchange for avoiding jail.
In the case of deferred adjudication agreement, you agreed to meet specific conditions and obligations in exchange for the court holding off on a trial. As a part of your agreement, you likely agreed that, if you violate the terms of the agreement at any time, that would constitute an admission of guilt and allow the court to impose appropriate penalties.
Some of the most common probation violations include:
- Failing to report to your probation officer as scheduled;
- Failing to perform the required amount of community service hours;
- Failing to complete court-mandated counseling or education courses;
- Failing to get or keep a job; and
- Failing to pay the required fines, fees, and restitution.
You could violate your community supervision agreement by keeping company with known criminals, failing a court-mandated alcohol or drug screening, leaving the county or state without permission, or getting arrested for another offense.
Will the Police Arrest You If You Violate Your Probation?
The police can arrest you for violating your probation in some cases. If your violation occurred because the police arrested you for another offense, such as driving while intoxicated or family violence, our legal team can work to ensure the judge sets bail, allowing you to go free on bond until your hearing. Under the terms of a suspended sentence agreement, however, the court can hold you in custody without granting bond.
If our legal team has the opportunity to quickly respond to a potential probation violation, we can often negotiate with the prosecutor or work with the court to create a revised probation agreement. We can also present evidence at your hearing to prove that you did not violate the terms of your agreement.
Consult With a Probation Violation Lawyer in McKinney Today at No Cost.
Do not put your freedom and your future at stake by ignoring an allegation that you violated your probation. The Law Offices of Randall B. Isenberg will work aggressively to resolve the issue, based on the facts and evidence in your case.
We offer complimentary consultations for probation violation clients in McKinney, where we can discuss your case and explore the options available. If you cannot come to our office because you are currently in custody, we will come to you. Contact us today at 214-696-9253 to schedule an appointment.