In Plano, a probation violation can send you back to jail for the maximum sentence allowed for your crime. If the State has filed a motion to revoke or adjudicate your probation, your legal rights are limited. You will not have the benefit of a jury and your fate likely lies with the judge who originally granted your probation.
What you do have the right to do is make your case and demonstrate that you have not violated your probation. However, your freedom depends on the effectiveness of your defense. Seeking the assistance of a probation violation lawyer in Plano can mean the difference between going back to jail and having your probation reinstated.
Call the Law Offices of Randall B. Isenberg to get started: 214-696-9253.
Why do you need a probation violation lawyer?
At the time of your sentencing or deferral, the courts showed you leniency by granting you probation. You entered into an agreement with the courts that, in exchange for complying with the terms of your probation, the court would give you conditional freedom.
If you violate the terms of your agreement, the court has every right to revoke it. This means you could face your original sentence in addition to extra charges if you broke a law while violating your probation.
If you want to stay out of jail, you will need a probation violation attorney to fight for you, and to protect the limited legal rights you do have as a probation violator.
Which type of probation did you violate?
In Texas, probation (also known as community supervision) refers to the court’s assignment of a defendant to a program or sanctions, based on specified conditions, in lieu of imprisonment or confinement.
The Texas probation statutes set forth the two primary categories of probation. The type of agreement you have depends on how the court handled your original brush with the law.
Essentially, this means that the court places you on probation rather than convicting you of a crime. Upon the successful completion of deferred adjudication, the court drops the charges pending against you. If you violate the terms of your agreement, the state will file a Motion to Adjudicate. Pending the outcome of your violation hearing, the court can declare you guilty of the original crime and impose the maximum sentence.
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You may hear this type called “straight probation.” This means that after the court convicted you of a crime or you accepted a plea deal, the court agreed to suspend all or part of your sentence in lieu of probation. Upon violation, the court will issue a Motion to Revoke. Pending the outcome of your violation hearing, the court can return you to jail or prison to serve the balance of your sentence behind bars.
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In Texas, what are your rights if you have violated probation?
Many people accused of a probation violation believe they have no rights. Although the revocation diminishes your rights, you still have and should exercise them:
- You have the legal right to enter a plea in response to your alleged violation.
- You have the right to present evidence in your defense.
- You have the right to representation by legal counsel.
However, while you have the rights listed above, the burden of proof for a revocation hearing does not have to comply with the standard of reasonable doubt. The prosecution can prove your violation based on a preponderance of the evidence. This makes it much easier to send you back to prison.
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What is the punishment for probation violation in Plano?
Your punishment for violating probation will depend on the type of probation the court assessed.
Regular Probation: The judge sets forth your punishment in your original pleah2>
Deferred Adjudication: The court can assess the maximum penalty available under the statute for h2>
You can also face charges for the new crime the State is accusing you of.
What you may not know is that you have another alternative. Your lawyer can potentially negotiate the modification of your agreement to the satisfaction of the court.
And, although you may end up serving a longer or more restrictive probation than you originally faced, this approach may keep you out of jail.
What might count as a probation violation?
The terms of your probation establish what you can and cannot do during your period of community supervision. If you violate any of the terms of your agreement, even if your actions would otherwise have been legal under Texas laws, you have violated your probation.
Some of the actions most commonly associated with a probation violation in Plano include:
- Leaving the state or county without permission
- Committing a crime
- Consuming alcohol or drugs
Alternatively, if you fail to complete the obligations outlined in your community supervision agreement, you may also violate your probation. Those may include:
- Reporting periodically to your probation officer
- Submitting to substance use testing
- Maintain employment
- Perform community service
- Complete educational programs
What happens when you violate probation?
If you are arrested for violating probation, the court will schedule your hearing. In the meantime, the State may release you on bond (deferred adjudication) or hold you without bond (suspended sentence).
Your probation violation lawyer can work on your behalf in a number of ways, depending on the nature of your violation. Some possible options include extending or amending the terms of your probation or remedying your violations, if possible.
Even if the State revokes your probation, your attorney can work to have it reinstated.
Call Randall B. Isenberg for a FREE consultation today.
Texas probation laws are complex and you have a lot at stake if you violate them. You need a criminal defense attorney that understands these laws and how to obtain the best possible outcome for your case.
At the Law Offices of Randall B. Isenberg, we understand the serious nature of this issue and how it can affect your life. To get a feel for how we might be able to help you, we provide a free consultation to discuss your case, either by phone or in person.
Contact our office today speak with a probation violation lawyer in Plano: 214-696-9253.