After a criminal conviction, being able to secure community supervision, or probation, is a great alternative to serving your sentence without spending time behind bars. However, probation is not a get-out-of-jail-free card. You need to be careful that you don’t break the terms of your probation — if you do, you could get a bigger sentence.
If you have questions about your probation or if you need help defending against a violation accusation, you need a Dallas probation violation attorney. Call 214-296-2221 to schedule your free consultation.
What Kinds of Probation Are in Dallas?
After you’ve been convicted of a crime, there are two types of probation in Texas.
Regular Probation
“Regular” probation, also known as “straight” probation, occurs when the judge finds a person guilty of the offense, sets a jail/prison sentence, but then suspends that sentence and places them on probation. If they complete that probation successfully, they never serve the jail/prison sentence, but the conviction remains.
Deferred Adjudication
The other type of probation is called deferred adjudication probation. The judge can find that there is enough evidence to deem someone guilty, but they choose to defer that charge and, instead, place them on probation. Once the person has successfully completed their probation, they will avoid time behind bars and avoid the conviction. Many people who successfully complete their deferred probation become eligible for sealed records.
What Kinds of Probation Violations Are There?
Probation violations can either be technical or substantive.
A technical violation is generally a failure to follow the conditions of probation to the exact letter (not completing a class or program within the allotted time, being behind on fees or fines, or even using illegal drugs while on probation.
A substantive violation generally involves allegedly committing a new criminal offense while on probation.
Will I Go to Court for a Probation Violation?
If you are accused of violating your probation, you will go to court. You cannot have a jury trial, but you will be able to ask for a contested hearing. The prosecutor will have to prove that you violated your probation. Unlike a regular trial for your original crime, the prosecution will have a much lower burden of proof to show you violated your probation.
The state merely has to have a preponderance of evidence to show you broke the terms of your probation. They just have to show it’s more than likely that you violated probation — in a normal trial, they must show there is no doubt you are guilty.
This lower standard of proof means any accusations or allegations must be taken seriously. You cannot wait to address these concerns. Finding a skilled Dallas criminal defense attorney is crucial.
What Are the Penalties for Violating Probation in Texas?
If you are on “regular” probation, then the maximum jail or prison sentence you can get if revoked is capped by the original sentence.
For example, if you were sentenced to 5 years in prison probated for 3 years on a second-degree felony, the maximum length of time you can be imprisoned for a probation violation is the original 5-year sentence).
However, if you are on deferred probation there is no cap to a probation violation sentence. Consequently, you can be sentenced to anything within the entire punishment range for your offense.
For example, if instead of being sentenced to 5 years in prison probated for 3 years on a second-degree felony, you were sentenced to 3 years deferred probation, the maximum time you could be imprisoned for a probation violation is 20 years (the maximum punishment for a second-degree felony).
Now, although this may be a nerve-wracking time for anyone going through this, we believe that the more familiar and transparent we are with the process, the more educated our clients can be about what could happen.
What Happens After I Get Accused of Violating Probation?
- Before the court is aware of an alleged violation, your probation officer first must notify the court.
This is often referred to as “sending your file to the court.” If addressed quickly enough, sometimes a skilled Dallas probation violation lawyer can nip an alleged violation in the bud before it gets in front of the judge.
- Once the file is sent to the court it is reviewed by the probation officer(s) assigned to the court.
- If they deem the violation serious enough, they will draft a motion asking the court to revoke your probation.
In deferred probation, this motion is called a motion to proceed with adjudication of guilt. The motion is called a motion to revoke straight probation.
Who Else is Involved in My Probation Review Case?
Handling probation violation allegations involves multiple players.
- Supervising probation officer
- Court probation officer(s)
- Prosecutor
- Judge
- Your Lawyer
- You
This is one of the main reasons why having an experienced lawyer in your area could make all the difference.
Should I Hire a Probation Violation Defense Attorney?
Dallas probation lawyer Mike Howard maintains good working relationships with all players in order to give you the best chance of avoiding a revocation hearing and staying on probation. Often these matters can be resolved so you avoid a hearing altogether.
When a hearing is necessary, however, Dallas probation lawyer Mike Howard has the experience and courtroom skills to effectively fight for you.
If you’re not in the Dallas area, we understand that searching for probation violation lawyers can be overwhelming.
After all, you are choosing someone who will hold your life, your future, and your family’s future in their hands. You have to be comfortable with them and feel that you can trust the information and advice they give you. Lawyers are supposed to always work in their clients’ best interest. That shouldn’t just be meaningless talk.
Our Tips for Finding the Right Lawyer for Your Probation Violation
- Talk to several lawyers to get a feel for them and their staff. Do they take the time necessary to get to know you, to listen to what’s important to you, and answer your questions?
- Do they show you that you matter to them as a person and not just as a fee?
- Beware of lawyers who put the hard sell on you, or who make big promises. No lawyer should ever make a guarantee about a case.
- Avoid a lawyer who doesn’t communicate the scope of the work and their fee clearly in a written contract.
Contact a Dallas Probation Violation Lawyer Now
Prosecutors, probation officers, and judges take probation violation cases very seriously. A probation violation allegation can result in revocation, conviction, jail time, and a permanent criminal record. If you or your loved one is facing a probation violation allegation in Dallas, you need an experienced probation violation lawyer. Dallas probation violation attorney Mike Howard will fight for you and help you understand the case against you, your options, and the possible outcomes.
Schedule a FREE consultation with our Dallas probation violation lawyers today. Call 214-296-2221 to connect with us. We’re here to help.
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