Aggressive Defense Against Probation Violations
You may have taken probation to avoid jail time or to just avoid trial. You may have even been innocent of the original charge. You’re on probation and your officer says that you violated the terms and conditions of Probation and the judge issued a warrant for your arrest.
You have worked hard on Probation. You may have gone to classes and performed community service. Don’t let all that hard work go to waste. The last thing you want to do is go to jail or prison for the violations that the prosecutor says you committed.
Probation is a term that is synonymous with Community Supervision. In Texas, there are two different types of probation: Deferred Adjudication and Regular Probation. Deferred Adjudication is a form of probation where an individual charged with an offense enters a plea of “Guilty” or “No Contest,” however the Judge does not find him or her Guilty of the offense. Instead the Judge defers a finding of guilty and places the Defendant on Probation. Technically speaking, an individual on Deferred Adjudication has not been convicted of the offense.
On the other hand on “Straight “ or “Regular” probation, the Judge actually finds you guilty of the offense and then sets the number of years that you are on probation. An individual on Straight or Regular probation has sustained a conviction for the offense. The biggest difference between “Deferred” and “Regular” probation is how a person is sentenced if he or she violations probation. If you are on Deferred Probation, the Judge could sentence you anywhere within the range of punishment for the offense if the Judge revokes your Probation. On Straight Probation, the Judge would be limited to the sentence originally imposed at the time the person was placed on probation.
An individual on Probation of any kind generally must abide by certain terms and conditions of Probation. These usually include:
- Reporting Monthly to a Probation Officer
- Paying a Monthly Probation Fee
- Committing No New Criminal Offenses
- Attending Classes
- Submitting to Random Urinalysis
- Maintaining Employment
- Staying within the County
If your Probation Officer feels that you have violated one or more of the terms and conditions of probation, they will notify the Court and the Judge may issue a warrant for your arrest. I feel that the first order of business when someone has a Probation Revocation is to try and get a bond set by the Court so that the probationer can get out of jail. Showing the Judge that you can perform all of your duties while on probation will go a long way in convincing the Judge to give you a second chance.
At a Probation Revocation hearing, the Judge can:
- Continue an individual on probation
- Modify an individual’s probation
- Revoke and individual’s probation
If the Judge revokes your probation, it can carry severe consequences. All your hard work may be flushed down the drain. It is very important that you hire an attorney who can formulate a defense on your behalf and present it effectively to the Judge. Neil Pask has been involved in hundreds of probation revocation hearings as a former prosecutor, judge and defense attorney. He knows how to present your defense in the most effective manner. Contact Neil today at 214-360-1971 for a free consultation.