Richardson Probation Violation Lawyers

Attorneys Helping Clients Defend Against Probation Violations in Richardson, TX

When a person who has been charged with a crime is placed on probation, this may feel like a second chance. Rather than going to jail, a person may be able to stay home, continue working, and remain with their family. However, probation can come with a long list of rules, and following every one of them for months or years is not always easy. Small mistakes could lead to serious penalties. A missed appointment with a probation officer, the failure to pay money as required, or a new arrest could lead to a violation that may have serious consequences.

When a person is charged with a probation violation, they may be taken into custody, and they may be concerned that they could be required to serve a jail sentence. At Texas Defense Firm, our attorneys work to help clients avoid these penalties. We can respond to allegations of probation violations quickly and effectively. We can represent clients in hearings and advocate for solutions that will help them avoid ongoing problems that could affect their lives.

How Probation Works in Richardson, Texas

In Texas, probation is known as community supervision. There are two main types of community supervision. With regular community supervision, which is sometimes called straight probation, a person may be convicted of a crime and sentenced, but a judge may suspend the sentence while the person completes probation. With deferred adjudication, the charges against a person may be dismissed after they successfully complete probation. The type of supervision can make a difference in how violations may be addressed.

Common Types of Probation Violations

Technical Violations

Most probation violations do not involve new crimes. Instead, they may involve the failure to follow one or more of the conditions set by the court. Common technical violations of probation include:

• Failing to show up for a scheduled meeting with a probation officer
• Testing positive for drugs or alcohol or skipping a required test
• Falling behind on fines, court costs, or restitution payments
• Failing to complete community service hours on time
• Failing to finish required programs, such as a DWI education class or anger management course
• Leaving the county or state without permission
• Moving or changing jobs without notifying a probation officer
• Violating curfew, electronic monitoring, or ignition interlock requirements
• Contacting an alleged victim or associating with prohibited people

New Criminal Offenses

While on probation, a person will be required to avoid committing any new offense. An arrest for a new crime could lead a prosecutor to file a motion to revoke probation. This motion will usually be addressed before a person is convicted of a charge. A judge may decide that a violation occurred based on evidence presented at a probation violation hearing. This could lead to the revocation of probation even if the new charge is reduced or dismissed.

What Happens After a Probation Violation Is Reported

When a probation violation has been reported, the prosecutor may take steps to revoke a person's probation or adjudicate their guilt. A judge may issue a warrant for a person's arrest. They may be taken into custody and held until the court decides whether to allow a release.

A probation violation hearing is handled differently from a criminal trial. There is no jury, and a judge will make a decision about whether a violation occurred and what should be done in response. Lower standards of evidence will apply in these cases. For these reasons, legal representation can be essential for a person who needs to defend against allegations of a violation and avoid serious penalties.

Penalties for Violating Probation

Violations in Community Supervision Cases

If the judge revokes community supervision, the court may impose the sentence that was originally suspended. For example, a person who received a five-year prison sentence that was suspended while they were on probation could be sent to prison for the remainder of the five years.

Violations in Deferred Adjudication Cases

The stakes may be even higher for people who are facing probation violations while on deferred adjudication. If a judge adjudicates guilt, the person will be convicted, and they could be sentenced to the full punishment that would apply for the original offense. Someone on deferred adjudication for a second-degree felony, for instance, could face up to 20 years in prison.

Other Sanctions in Probation Violation Cases

Revocation of probation is not the only option after a probation violation hearing. A judge may decide to continue or modify probation instead. They may make changes, such as extending the length of supervision, adding conditions such as more frequent drug testing, or ordering a person to spend time in a residential treatment facility.

Contact Our Richardson, Texas Probation Violation Attorneys

When you have been charged with a probation violation, everything you have worked toward during your criminal case may be placed at risk. However, you can take steps to defend against a probation revocation with the help of the attorneys at Texas Defense Firm. We will address claims that you have violated the terms of probation and advocate for solutions that will prevent a prison sentence or other harsh penalties. Contact our Richardson, TX probation violation defense lawyers at 972-369-0577 to arrange a free consultation.