Probation Revocation FAQ
Q: How does a probation revocation proceeding start?
A: A probation revocation begins with either a Motion to Revoke Probation, or a Motion to Adjudicate for defendants who have been placed on deferred adjudication. These motions will list the alleged probation violations.
Q: Why is the State trying to revoke my probation?
A: There are many reasons why you could be facing a revocation. The most common reasons for a probation revocation/adjudication are that your probation officer believes you have:
- Committed a new offense while on probation;
- Failed a random drug test;
- Failed to pay to fines or court costs;
- Not reported to the probation office;
- Not completed required drug/DWI classes;
- Not completed community service;
Q: What happens after a Motion to Revoke/Motion to Adjudicate has been filed in my case?
A: A warrant will be issued for your arrest. You will have to turn yourself into to authorities to dispute or resolve the revocation.
Q: Am I entitled to a bond during a revocation proceeding?
A: It depends. If you are on probation (either deferred or regular probation) for a misdemeanor, you are entitled to have a bond set. If you are on felony probation you are only entitled to have a bond set if you are on deferred adjudication. Regular felony probationers may be held with no bond.
Q: Can I dispute the revocation?
A: Yes, you are entitled to a hearing on the revocation. If you are incarcerated, you are entitled to have the hearing within 20 days.
Q: What happens at the hearing?
A: The State has the burden to prove up your probation violations–usually the State will call your probation officer to prove up your violations. The State does not have to prove the violations up by proof beyond a reasonable doubt; the State only has to put on a preponderance of the evidence that you violated your probation. This is a much lower burden for the State to prove its case.
Q: Can I have a jury trial for the revocation hearing?
A: No. Probation revocation hearings are always held in front of a judge and the judge will decide if the State has met its burden of proof regarding your violations. There are no jury trials for probation revocation hearings.
Q: If the State proves its case against me at the revocation hearing, what type of punishment am I looking at?
A: If you are on regular probation then your original plea bargain contains the maximum number of years you can be sentenced to. For example, if you are on probation for a 3rd degree felony your sentence could be a negotiated plea agreement of 5 years in jail, probated for 5 years. Lawyers call this “five for five.” In this case, your maximum jail exposure is capped at 5 years as a result of the original plea agreement. Deferred adjudication probation is different. In the case of deferred adjudication there is no set amount of years as your maximum punishment. Instead of being revoked you are adjudicated (formally convicted of the charge you were placed on deferred adjudication probation for). As a result, you are now at risk of being exposed to the full range of punishment for the offense. For example, if you are on deferred adjudication for a 3rd degree felony you could be facing up to 10 years in jail and up to a $10,000 fine following an adjudication proceeding.
Mr Jeremy Rosenthal was the best lawyer I could’ve asked for. He communicated with me throughout the whole process and made sure i didn’t have any questions or in doubt of anything. He kept me cool, calm, and collected the whole time we worked together through my case and I appreciate him for that. Mr Rosenthal came through with everything he said, truly a man of his word. If I’m ever in another situation where i need legal help Mr Rosenthal will be the person i come to without a doubt.
Bo Kalabus is a great attorney. He was very professional from the start. I appreciated his transparency and step-by-step explanation of the process. He was always available to answer all of my questions and allowed me to feel assured throughout the entire process while keeping my expectations realistic. In addition to managing the client relations aspect superbly, he won our case with flying colors. I couldn't ask for anything more than he delivered. Thank you Bo!
Mr.Rosenthal,I just want to express my immense gratitude for your incredible ability and experience in the court room. You had this certain frank and cavalier quality that was both reassuring and representative of your overall skill and ability in law. What I saw happen in that court room could only best be described as genius-- and I had a first row seat to watch a master at work! I am so appreciative of all you have done for me. Please let me know if there is anything in the future I can do for you to repay you for your efforts on my behalf. Again, please know I will forever refer you and you expertise to anyone I know who finds themselves in a bind! Thank you, Thank you, Thank you….
"Very efficient and kind people. Will listen to you and offer the best solutions you need. Available pretty much all the time if you call their office."
Jeremy Rosenthal handled a criminal case for our family, and I can't say enough great things about the job that he, his staff and their entire team did during the process and at our trial. They were extremely professional, responsive, thorough and understanding. Criminal defense is a very complex process, and the system turns something that appears simple into a time consuming and drawn out affair which is obviously beyond the lawyer's control. But, they navigated us through the process, helped us set expectations for time frames and milestones, and really delivered on what they promised. Highly recommended without reservation.
"Mr. Kalabus, I would like to express my heartfelt gratitude to you for all the care and concern you have shown me, and for working tirelessly to ensure that the law worked in our favor. If it weren’t for your analytical skills and knowledge, the matter wouldn’t have been settled by now. Thanks once again for your legal advice, time, efforts, and abundance of patience. I will not hesitate to recommend your firm to anyone in need of a sound lawyer."
Jeremy Rosenthal & his team are one of the go to criminal defense attorneys in North Texas. I have referred a number of friends and colleagues to Mr. Rosenthal and everyone has been thankful that their interests were so protected. Terrific law firm with good people.
"My son hired Justin on a very complicated case and Justin is the man, Not only did he handle his part he went over and beyond his duty and took care of another county as well!!! Justin reassured me everyday he was working on my sons case (the unknown complicated part we were not expecting) and he would go and talk to my son. Thank you Justin for putting up with me ,,, I am sure you know who "me " is as I panicked and all the late night calls and text you never ever ignored!! My son is so thankful for you as well!!! #JustinIsTheMan!!!"
“Jeremy and his team are thorough, supportive and fight for the truth! This is the team you want in your foxhole when it comes to criminal defense.”
I had a GREAT experience with Bo Kalabus from the initial meeting and all the way thru the dismissal of my case. Bo kept me informed each and every step of the way. He was very helpful in getting my court dates moved to accommodate my busy work schedule. He always made himself available to take my calls and this was very helpful with my busy work schedule. He explained everything perfectly from our first meeting throughout the entire process. I would recommend your firm and Bo to anyone he needs your service. Thank you so very much.
“Jeremy [Rosenthal] and his team are extremely thorough, organized, hard-working, and results oriented… He was responsive to all of our questions, and I am very pleased with each step of the process.”
“Very nice in person as over the phone. Have a question? He will gladly answer it. He is a shark in the courtroom!!! Wouldn’t want to be against him…”
“Jeremy is one of the most skilled and dynamic attorneys I have known… Without his knowledge, experience and skilled approach I doubt I’d be enjoying the same result. Thanks Jeremy!”
“I respect and appreciate this man. It amazes me how smart he is. He was very hands on. He kept me informed of everything at all times. He did not promise anything he could not deliver. I would recommend him for any case. His staff was excellent. Always on time. If I had a question and there was no answer at the time, someone would contact me within 24 hours with an answer. Thank you dearly for your time and effort on my case.”
“Bo Kalabus thank you so much for all of your help through everything. You are a great and very professional attorney. I will recommend you to anyone that I hear of that needs help.”
“We contacted Bo Kalabus in an emergency situation. As our case progressed we soon realized Bo’s competency and expertise in the law and court process. Bo did everything he could to bring us to a favorable conclusion. I wish to commend Bo Kalabus for a job well done.”
“Bo Kalabus-is one of the best lawyers in Collin County. We will refer him to anyone we know that needs help! Thank you!”
“I recently worked with Kyle on a personal case and he was nothing but professional from start to finish. He was knowledgeable, responsive, stayed in constant communication, and handled everything in a timely manner. I will continue to use Kyle for legal matters going forward and would not hesitate to recommend his services to anyone.”
“Kyle did everything that needed to be done and brought the case to a successful conclusion.We felt we were kept in the loop by the two professionals who maintained an appropriate sense of humor throughout. As a fellow professional, it was a pleasure watching them work together as a team. I would recommend [firm-name] to anyone and wish them great and continuing success.”
“Thank you for all the support. You helped me make the right choices in my case, even when i wanted to go a different route. The professionalism and communication is great not only with Kyle, but everyone at the firm. I hope I never need your services again, but you will be the first I call if i ever do. Thanks!”
Professionalism, Quality, Responsiveness, Value- Our family was very fortunate to have Kristi Tyler represent our daughter during difficult times. At our first meeting, Kristi was super patient listening to every detail of the situation. She was never judgmental and worked very hard to allay our fears and give us hope. Kristi is professional, thorough, compassionate, and very knowledgeable. Kristi’s communication skills are excellent. She did an excellent job of keeping us informed and answering our calls, texts, and emails anytime we had questions. We believe Kristi Tyler is the best and our family has the utmost respect for her.
Dear Bo, This is just a quick note to thank you for all the help you gave to Kim over the last few months. Your counsel and efforts got my family through a very rough and frightening time. I particularly appreciate the encouraging words you offered me when we were first entering this process. If I can ever do anything to try to return the favor, please let me know. Inn the meantime, please know how much my family appreciates all your help.
Bo,I want to thank you for your hard work and helping me out during the most confusing and painful situation in my life. You really know how to help your clients through not only the legal but emotional toll it takes on the person being accused. I can’t tell you how meaningful this was for me for so many reasons. You are a great lawyer and a good man, the world needs more people like you.
Wonderful and Direct So far, Vanita Parker has absolutely dazzled me with her dedication, responsiveness, knowledge, and skill. She has made everything easy for me to understand, and has been on top of everything. Whenever I contact her, or have a concern, she is quick to respond, even when she was on vacation. If you ever need a criminal defence attorney in Collin or Dallas county, Vanita is the woman for the job.
I highly recommend this place, my husband and I have used Ryan Kreck for our case and he is really reliable, timely, reasonable, and courteous to his cases. Ryan is really well versed with different types of legal situations , and is well worth the money.
I am very pleased with Ms. Parker and the outcome she achieved for me. I would highly recommend her. She’s very professional & competent.
The upmost respect to Vanita Parker & Rosenthal & wades. Outstanding communication as well as knowledge. Prepared and well versatile in many areas. Great attorney firm
I was in some trouble with the law, and had the fortune of receiving Vanita Parker as my attorney for the case. She’s outstandingly professional, yet she has a friendly demeanor about her that isn’t off-putting like most other attorneys. She works HARD to make sure that she is getting you a fair, and reasonable, outcome to your legal issues.
I am giving a 5 star review for [firm-name] but more specifically for Ryan Kreck, Attorney at Law. He has represented different members of my family in criminal cases; as well as, a DWI. Mr. Kreck is respectful and truly cares about your case and you as a person. He is an attorney that will answer an email quickly and at times he'd squeeze a slot open just to update us in person on a case or at one point cases. I have had experiences before with another firm and nothing compares to [firm-name]. Ryan Kreck is the bulldog you want in your corner because he will not stop until you get the best result possible. He has great rapport with judges and prosecutors and you know your case is in good hands when Ryan is handling your legal battles!
I had the pleasure to work with Vanita Parker, if anyone ever needs legal advice, or representation she is the one to talk too. She is very professional and goes above and beyond what she is required too do. I highly recommend her. If I ever have legal trouble again she will be the one I go to first.
She Is Phenomenal! Best Attorney Ever. Your attorney search is over. She is great.
I could have not asked for a better, professional, more kind and got the job done attorney, than Mrs. Kristi Tyler. She was court appointed and treated me no differently than someone who was privately, hired. Both my cases were dismissed. She kept informed every step of the way and always gave all of the court information needed to ensure I was always at the correct court and on time. If I ever need an attorney again, lord knows i hope i don't, but i wouldn't hesitate to contact this firm again and will send any one who need a great attorney, to this firm as well.
Gonzalo Serrano of Rosenthal Kalabus Therrian represented a close family member of mine on a very serious criminal matter. We could not have made a better decision than to hire Gonzalo. From the very first consultation he was very informative and compassionate, and he was able to communicate with us in Spanish, so that my family could understand. He kept us well informed during the entire process. He fought for us the entire time and was able to achieve results other attorneys told us were not possible. I cannot recommend Gonzalo enough. He is a fighter, and if you need him to, he will fight for you.
I've had the pleasure of working with Gonzalo Serrano and he really outdid himself. His communication and follow up was consistent and very effective. I never for a moment felt any uncertainty throughout the process thanks to his excellent service. Would highly recommend.
Kyle Therrian is confident, educated, and experienced. He thinks outside the box to give a strong performance and argument in front of the Judge. He is patient and listens. As a result, he is in demand and busy defending his clients, that sometimes it is hard to get in touch with him. However, Urma makes up for that when she answers his calls! Thank you team. We hope we don't need you again! ;)
Highly recommend Gonzalo Serrano. He was able to resolve my case quickly. Was my first time with anything like this but he walked me through it every step . Communication was great and he did everything possible to get my case dismissed. Thanks again !
Highly recommend this place especially Mr. Gonzalo Serrano. He represented me and was able to achieve a great outcome on my case. During that difficult period I was glad to have him on my side. Always had great communication with him and just and all-round great person.
To make a general statement related to my overall satisfaction with Ryan Kreck's representation would be to recognize and acknowledge that every single step of the way he went above and beyond to help my case. Aside from the undeniably highly proficient performance negotiating in the courtroom for my case, Ryan was also extremely professional and egalitarian through the entire couple-year-long process it ended up being. Never felt like we were on different pages; it felt like a team effort where we were all on the same side at all times and I was more than pleased with the end results of my case which could have been much much worse. Choosing Ryan Kreck has proven to be a wise decision on the part of everyone involved. Thanks again Ryan and associates for your above and beyond efforts from start to finish.
I got arrested for something that I didn't feel I should have been arrested for. I met with 4 lawyers about it and Gonzalo Serrano was who I felt most comfortable with. He actually listened to me and my side of the story. When it was time to go to court, he sat down with me and reviewed the evidence with me. We both agreed that I was wrongfully arrested, so he fought for me and got my case dismissed. I recommend Gonzalo Serrano and his firm Rosenthal Kalabus Therrian to anyone who needs a strong criminal defense
I highly recommend Bo. He was amazing to work with. He surpassed my legal expectations and… results. He also was always prompt in a response, and never once left me uninformed about anything. He also…. Genuinely cared. Which meant the most. I’ve had some bad council in the past with other lawyers. So my gratitude in his work and due diligence is greatly appreciated. 5 stars. 10 out of 10.
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I had gotten in trouble for a couple different charges, I was recommended by somebody else to use Rosenthal kalabus & therrian honestly couldn’t be happier with the outcomes. I had Vanita Parker who was absolutely AMAZING! Highly recommend her and her colleagues. She was very detailed explained EVERYTHING! Made sure I understood everything fully, was very precise in everything she did and everything she could do. Vanita did the best job I could hope for. If you want a lawyer who is on YOUR side and wants to fight for YOU look no further you found them here. Thanks Vanita!!!
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Excellent representation! Outcome couldnt have been any better in my case. I have been to prison twice and have had multiple felonies with a lengthy record - Vanita Parker took my case and worked it with diligence and with professionalism. The staff is just as helpful, professional relationships with their clients and working alongside the attorney's is a workload that Debbie handled with ease and made me feel welcome. During the court process i felt comfortable with my representation. If you are looking for representation in your case, I would strongly suggest you consult with Rosenthal Kalabus & Therrian Law Firm in Mckinney,Texas. They are definately a good investment to protect your Freedoms and be your voice when yours isnt heard. Spend a little extra and get a whole lot in return. Words cant express my gratitude Vanita!🌻My future looks alot brighter🌞
Jeremy Rosenthal has been such a blessing in my life. I was referred originally by a friend who had been in some legal trouble. Jeremy has made the entire process smooth and effortless. Im beyond grateful how Jeremy has kept everything updated and to make sure that I was informed as the process continued. Without Jeremy I would not be where I am in life today. That is just a simple fact. If you’re questioning whether to hire or look into Jeremy representing you I say ‘Do it!’ Thank you sincerely for all that you have done!
Inquired about assistance with a legal matter of which I was not very knowledgable in. Gonzalo Serrano reached out that very same day and immediately got to work, thoroughly explaining everything every step of the way. This process that seemed so overwhelming at first became the smoothest process ever. His ability to always provide same day callbacks to answer my many questions was definitely a huge plus!
I wanted to recognize Gonzalo Serrando for helping me get my case dismissed in the time frame required. I was really worried and scared at the beginning but once I talked to him and he explained the process I felt more are ease. I appreciate his hard work towards my case.
RKT is professional all around. Not only did they get my DWI dismissed, but they provided a level of comfort throughout the process that enabled me to remain calm. RKT is prompt, informative, and they make the most out of your retainer. They know the local law whether its Collin, Denton, or Dallas County.
I'm gona say in short Bo and the team at R K @T just take care of business like it should be done!!! Please don't do what I did and waste money and time with another firm. Do what I should have done in the first place call these men and women they will not disappoint. Best law office I've ever had the pleasure doing business with.
The service that has been provided by Rosenthal Kalabus Therrian team was exceptional, I greatly appreciated the hard work that Gonzalo Serrano assisted me with my case he was able to get my case dismissed and for that I am extremely grateful and I applaud the team.
I highly recommend Bo! He was woderful to work with - easy communication, no need to prompt for information, and abundance of information. I felt that he took the time to listen to me and then acted with utmost care and diligence.
Mr. Therrian fought long and hard for me. I am still in awe and a little dumbstruck at how successful he was. Prompt, responsive and professional.
I was worried and had aniexity through the roof because of my case. Then, I met Mr. Jeremy Rosenthal and his team and got reassured that I would be represented properly and heard.After meeting several lawyers, my instinct was with Jeremy Rosenthal and it was the best decision I could have made.Communication from his office was wonderful. And the outcome of the case was as expected. He handled the case with upmost professionalism and highly recommend Jeremy for your legal defense needs. He cares about his clients and goes above and beyond for them. Don't look any further and pick Jeremy and you will be happy you did!!!
This is my first offense but serious. I had no idea of the out come but, Ryan Kreck was very confident and would reassure me of the process. I honestly was not to worried after all he said that’s his job. Everything turned out just as he said it would in the end. He is friendly and on top of his game I would recommend him to anyone I care about and is in a situation where you need a attorney. Thank you again
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