If you’re on probation and are facing the possibility of having your probation revoked, it’s crucial to understand the legal process and your rights. An experienced criminal defense lawyer can help protect your legal rights, potentially protecting you from having your probation revoked. Contact The Law Office of Mike Howard to schedule a confidential case review.
What Is Probation?
To understand the effects of a probation violation, it is important to first understand the role of probation in the criminal justice system. Probation (also called “community supervision”) is a court-ordered alternative to incarceration. When a judge grants a defendant in a criminal case probation, they are giving the defendant the option to live in the community instead of jail or prison.
When a criminal defendant is placed on probation, they are under strict supervision and conditions, such as regular reporting, drug testing, and mandatory fines.
Probation is not available for all defendants. For example, people convicted of murder cannot get probation. If a person goes to trial and is convicted, they cannot get probation from the jury if they have been previously convicted of a felony.
Texas uses two different types of probation in different situations. The first is deferred adjudication probation. With this type of probation, the judge does not find you guilty; instead, they defer adjudication of guilt (conviction. Once you successfully complete probation, the case is discharged without becoming a final conviction on your record. The other type of probation is sometimes called “regular” or “straight” probation. With this type of probation, the judge finds you guilty, sentences you, suspends the sentence, and places you on probation. Unlike deferred probation, this type of probation immediately results in a conviction.
While many people prefer probation over incarceration, being on probation comes with certain risks, namely that your probation can be revoked if you are found to violate the terms of probation. If you violate deferred probation and are revoked, the judge can sentence you anywhere within the full punishment range for the offense.
Common Terms of Probation in Texas
The terms that the defendant must adhere to will be based on the particular charge, the perceived threat, and the judge’s orders. Common conditions of probation include:
- Reporting regularly to a probation officer (usually monthly)
- Completing community service
- Participating in drug or alcohol testing and counseling
- Taking random drug tests
- Taking other classes required by the court
- Paying fines, court costs, and restitution
- Maintaining employment
- Getting permission before changing residences or jobs
- Not having contact with certain people
- Staying away from “persons and places of disreputable character”
The terms of probation are included in your sentencing order and should be strictly adhered to to avoid potential problems.
Common Probation Violations
A person could be accused of violating probation if they have not complied with any of the terms that are part of their probation. More common violations of probation include:
- Committing a new crime
- Getting arrested for a suspected offense
- Failing or refusing to submit to a drug test
- Missing scheduled check-ins with a probation officer
- Not completing the required community service
- Not taking classes that the court ordered the defendant to take, such as drug education or anger management
- Not completing drug or alcohol treatment
- Not attending substance abuse recovery meetings
- Contacting a victim when ordered not to
Even a single or minor violation can result in a warrant for your arrest and subject you to the possibility that your probation will be revoked.
How Defendants Are Informed of Probation Violation Allegations
In most situations, the defendant’s probation officer notifies them if they have violated their probation. However, the defendant may become aware of their violation because they did not do something that they were supposed to, such as missing a probation meeting, not taking a drug test, or getting arrested. In other cases, defendants learn that they are being accused of violating their probation when they are arrested.
Probation officers generally have discretion in how they handle violations of probation. They may recommend that the judge revoke your probation, which can cause you to be arrested, or they could recommend alternative penalties, such as a short jail sentence or community service. The potential outcome you face depends on the severity of the violation, whether you have a history of any other violations, and the circumstances surrounding the violation. If you have repeatedly been found to violate the terms of probation or if you are arrested for a new criminal offense, the probation officer will likely refer your case to the judge to handle.
Motions to Revoke Probation
If you are suspected of violating the terms of your probation, law enforcement can file a motion to revoke your probation. This legal motion notifies the court of your alleged violation. The court then determines if you have, indeed, violated your probation and what punishments to impose, if applicable.
Often, probation officers follow a system of progressive sanctions. They may start with verbal warnings and then add community service. For more serious violations, they may seek to revoke your probation.
Probation Revocation Hearings
Once law enforcement files the motion to revoke your probation, a probation violation hearing is scheduled. It is important to understand that these hearings work differently from other types of criminal proceedings.
First, there is no jury. Unlike in a typical criminal case, you don’t have the inherent right to a jury. Instead, only you, your criminal defense attorney, the judge, and the prosecuting attorney are present.
During the hearing, the judge will explain the terms of your probation that you are suspected of violating. The judge will ask you to respond. If you agree with the allegations, you plead “true,” while if you disagree with them, you plead “not true.”
If you plead not true, a contested hearing will unfold, and the prosecutor will present evidence against you to prove the allegations against you. The prosecutor only has to prove by a preponderance of the evidence that you violated probation, which is a much lower standard than the “beyond a reasonable doubt” standard used in criminal cases.
After hearing the evidence, the judge determines if the violations are true or not true.
Potential Outcomes in a Probation Revocation Hearing
If the judge determines that the allegations were not true, they dismiss the motion, and your probation continues as before. If the judge determines that they are true, various outcomes could result, such as:
- Continuation of probation: In some cases , the judge may deny the motion completely. They may emphasize the various penalties that they could impose, warning you that if you make another violation in the future, you might not get another chance. Your probation would continue unchanged.
- Modification of probation: The judge could allow you to stay on probation despite the violation, but they could modify your conditions or impose stricter requirements.
- Extension of probation: In some cases, the judge may allow you to stay on probation, but they may extend the term of your probation, which adds time to your original sentence.
- Revocation of probation: The most serious outcome is revocation of probation. In these situations, the judge sends you back to jail or prison for the remainder of your original sentence. If you received deferred adjudication, this could result in you having to serve jail time somewhere within the punishment range for your offense. If you were on straight probation, you might face the maximum time that you agreed to in your original plea. The time you have already served on probation may not count as time served if your probation is revoked. You could even face more time than you originally contemplated if you are facing additional criminal charges.
How a Criminal Defense Lawyer Can Help If You Are Accused of Violating Probation
If you are facing a probation revocation case, you need a criminal defense attorney who will fight to protect you during this time. At The Law Office of Mike Howard, we understand how intimidating the criminal justice system can be, especially when you are facing possible jail time for an innocent mistake. When you hire our criminal defense law firm, we can help by:
- Advising you on proactive steps that you could take to show the court that you are serious about following the terms of your probation, such as paying down fines and completing community service hours before going to court
- Explaining the legal process to you so that you understand each step along the way and the potential outcomes
- Reviewing the terms of your probation to find any ambiguities or technicalities that can be construed in your favor
- Preparing witnesses to argue to keep you on probation and gathering character references on your behalf
- Arguing for alternatives to probation revocation that may be more appropriate under the circumstances, such as attending rehabilitation instead of jail after a single failed drug urine test
- Challenging the evidence that the prosecution raises against you
- Negotiating alternatives to revocation with the prosecutor, such as additional community service hours, a short stint in jail, or other corrective measures instead of revocation
Contact Our Criminal Defense Attorneys for a Confidential Consultation
If you’re facing a probation violation or have been ordered to a revocation hearing, you should contact an experienced probation violation lawyer as soon as possible. You must understand probation revocation hearings and the potential threat to your freedom. Contact The Law Office of Mike Howard today for a confidential case evaluation.
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