Fort Worth/Dallas Probation Violation Attorney
If you have been accused of or arrested for violating your probation in Texas, then the most important thing you can do is to contact and obtain the services of a qualified Fort Worth/Dallas probation violation lawyer that can help you, protect your rights and negotiate with judges and prosecutors to try to minimize or reduce the penalties you will face, including jail time. The Owens Law Firm will be there for you at your probation revocation hearing, counsel you throughout the entire process and work hard to build you a solid defense.
Community supervision (Probation) in Texas
In Texas, “community supervision” refers to a court’s placement of a defendant under a continuum of programs and sanctions with conditions imposed by the court for a specified period. Criminal proceedings may be deferred without an adjudication of guilt. Texas offers two types of probation: (1) deferred adjudication community supervision, and (2) judicial community supervision or “straight probation.” The consequences of a probation violation can depend on the type of probation.
During the period of time that a defendant is placed on deferred adjudication, criminal proceedings are deferred without an adjudication of guilt. Deferred Adjudication has many advantages, particularly that the charges against you will ultimately be dismissed if you successfully complete the deferred adjudication probation. If the State feels that you violated any of the terms outlined in your deferred adjudication probation, however, then the State will automatically file a “Motion to Adjudicate Guilt.” If the court grants this motion, then your case will proceed to trial, and you will face the full range of punishment for the criminal offense(s).
Other defendants are placed on Community Supervision after being found guilty of and sentenced for a crime or crimes. That sentence, however, is suspended in whole or in part, and the Defendant is then placed on probation for a specified period of time, during which the sentence is probated. This type of probation is a way to avoid jail time.
When a defendant is sentenced to probation, there are certain requirements that must be met. We understand that these requirements can be burdensome and even unreasonable. Sometimes, it is not clear what a defendant placed on probation is required to do or refrain from doing. When an individual fails in any of their probation requirements, however, probation may be revoked. It is vital that anyone on probation be fully aware of and understand anything that could jeopardize their probation and land them in jail.
Probation Revocation Procedure
We can help you fight efforts to revoke your probation. There is no right to a jury trial at a probation revocation proceeding, and the State doesn’t have to prove an alleged violation beyond a reasonable doubt. You do have the right to a hearing and the opportunity to present evidence. More importantly, you have the right to an attorney on your side fighting for your rights and freedom.
A defendant arrested and detained for violation of a condition of community supervision is entitled to a hearing limited to the determination by the court of whether it proceeds with an adjudication of guilt on the original charge. A convict arrested and detained for violation of a condition of community supervision may be entitled to a hearing if the convict hasn’t waived his/her right to a hearing and to counsel. If you have been arrested for a probation violation, then don’t let anyone tell you that you are not entitled to counsel and/or a hearing. Contact a probation violations criminal defense lawyer.
Sometimes, a hearing is the only real opportunity a defense attorney has to keep his client’s probation from being revoked. It is critical that a defendant accused of a probation violation hires a good attorney who has the experience to handle revocation hearings. When you need probation violation help, our law firm can guide you through the system and fight for a restoration of your liberty. Contact us now if you facing probation revocation.
Penalties for Violating Probation in Texas
Upon finding a probationer guilty of violating a condition of probation, the court may:
- Continue probation without punishment for the violation,
- Modify the terms/conditions of probation or extend the period of probation, or
- Revoke probation and either proceed with an adjudication of guilt (if the defendant was on deferred adjudication) or sentence the defendant on the underlying offense (if the defendant was on “straight probation”).
Contact a Fort Worth/Dallas Probation Violations Lawyer
Many situations can be considered a violation of probation. It is vital that anyone accused of probation be fully aware of and understand their rights and the consequences of their actions. Fort Worth/Dallas probation violations criminal defense attorney David Owens goes over all of these with the client and can also help the client if there are alleged violations. A probation violation can land you in jail so make sure you get the help of an experienced defense lawyer. Contact us to speak with a Fort Worth/Dallas probation violation attorney dedicated to protecting your freedom. Don’t allow your probation to be revoked!