Probation Violations & Modifications Lawyer in Dallas
When facing probation-related issues in Texas, whether you are seeking modifications, early termination, or defending against an alleged violation, having an experienced Dallas probation lawyer is essential. At the Law Office of Mike Howard, we focus on protecting your rights, keeping your record clean, and helping you move forward.
If you need assistance with any probation-related legal matters, call (214) 296-2221 or fill out our online form to schedule a 30-minute case evaluation.
What is Probation in Texas?
Probation, officially known as community supervision, allows individuals convicted of a crime to avoid jail or prison time by adhering to strict court-imposed conditions. Texas has two primary types of probation:
- Straight Probation (Regular Probation): The defendant is convicted of the offense but serves their sentence under supervision instead of incarceration. Violating probation can result in serving the original sentence.
- Deferred Adjudication Probation: The judge delays a conviction while the individual completes their probation terms. If successfully completed, the case is dismissed, but violating the conditions can lead to severe consequences, including receiving the maximum sentence.
Each case is unique, and our firm works diligently to tailor a legal strategy that best suits your situation.
What is a Probation Violation?
A probation violation occurs when an individual fails to comply with the court-ordered conditions. Violations are typically categorized as:
- Technical Violations: If you fail to complete a diversion or rehabilitative program, miss a probation meeting, fail a drug test, or fall behind on fines, you could be charged with technical violations of your probation.
- Substantive Violations: When you accept the terms of your probation, it is not a “get out of jail free” card. You are pledging to abstain from new crimes. However, if you’re accused of committing a new crime, you violate the terms of your agreement.
What Happens If I’m Accused of Breaking Probation?
If a probation officer reports a violation, the court may file a motion to revoke probation for regular probation or a motion to proceed with adjudication for deferred adjudication.
This can lead to increased restrictions, probation extension, jail or prison time, or a conviction on your record if you were previously on deferred adjudication.
Can I Defend Against Alleged Probation Violations?
Like any crime that you are accused of, you can defend against allegations that you have violated your probation. Your probation will not be automatically revoked, but you may still be arrested. However, with the help of one of our skilled probation violation defense attorneys, we can craft a defense to help you.
Some defenses against probation violations include:
Challenging the Evidence
Like initial arrests, law enforcement must have evidence that you have broken community supervision’s terms. The prosecution must show that you violated your probation “beyond the shadow of a reasonable doubt.” If we can introduce doubt into their arguments, you may be released.
Demonstrating Compliance or Mitigating Circumstances
Like any agreement, some terms of your probation may be unclear or challenging to follow. Some supposed probation violations are actually caused by misunderstandings, technical issues, or unavoidable situations. For instance, you might miss a meeting with your probation officer because of an unforeseen medical emergency or a work obligation. Your lawyer can argue that you were not willfully violating your community supervision.
Contesting New Charges
If you have been accused of breaking your probation because of new criminal charges, we can help you fight these new charges. Getting them dropped or dismissed means you have not violated your probation, helping protect your freedom.
Negotiating an Alternate Resolution
If the prosecution has evidence that you have violated your probation or committed a new crime, we may be able to negotiate with them or your parole officer to modify the terms of your probation instead of getting it revoked entirely. Your probationary term could be extended or you may have to agree to new terms, but you will be that much closer to freedom.
Can My Probation be Changed or Ended Early?
Under Texas law, if you have followed the conditions of your probation and demonstrated responsibility, you may be eligible to modify certain restrictions. A probation modification lawyer can help you request the removal or reduction of fines, community service hours, or expensive monitoring devices. You may also seek approval for travel, modify visitation conditions related to child custody, or gain permission for job-related activities.
Ending Your Probation Early
If you have successfully completed a significant portion of your probation, you may qualify for early termination. In Texas, regular probation requires completing at least one-third or two years of your sentence, whichever is less. Deferred adjudication probation allows you to request termination at any time if the judge finds it in the best interest of justice.
We will assess your case and determine the best time to file a motion for early termination, giving you the best chance for success.
Probation Resources
See our page on probation violations for more information. Additionally, if you’re seeking to clear your record, visit our expungement page for detailed information on how Mike Howard can help with expunging eligible charges.
“Mike and his team made me feel the most comfortable...
I called a few Attorneys and Mike and his team made me feel the most comfortable. This is my first time being in a situation like this but the professionalism and communication really put me at easy especially because I’m out of state I needed someone I could trust with my life. He broke down everything for me step by step and helped me through a situation that could’ve ruined my career. So I’d like to thank Mike again for getting my case rejected!!
Ashley Thompson
FAQs about Probation Violations & Modifications in Texas
Can I Travel While on Probation?
Travel restrictions depend on the specific conditions set by the court. Some probation agreements require you to stay within a certain county or state, while others may allow travel with prior approval from your probation officer. If you need to travel for work, family emergencies, or other essential reasons, an attorney can help you seek a modification to your probation terms.
What Happens if I Fail a Drug Test While on Probation?
Failing a drug test is considered a probation violation and can lead to serious consequences, including additional restrictions, mandatory rehab, or even revocation. However, if there were issues with the testing process, such as faulty equipment or improper handling of samples, you may be able to challenge the result.
Can I Own a Firearm While on Probation?
In most cases, individuals on probation in Texas are prohibited from owning or possessing firearms. Violating this restriction can lead to additional criminal charges and harsher penalties. If you are unsure about your rights regarding firearm possession, speak with a probation lawyer to ensure compliance with the law.
Does Probation Show Up on Background Checks?
Yes, being on probation will typically appear on a background check. However, if you were placed on deferred adjudication probation and successfully completed the terms, you may be able to have the charge sealed from public view through an order of non-disclosure. If you were on straight probation, the conviction will remain on your record unless you qualify for an expungement.
Can I Switch My Probation Officer?
While it is possible to request a new probation officer, it is not guaranteed. If you believe your probation officer is treating you unfairly or making it difficult to complete your probation, you may be able to request a reassignment. A lawyer can help you file a formal request and present a case for why a change is necessary.
What Happens If I Can’t Afford My Probation Fees?
Failure to pay probation fees can be considered a violation, but courts may take financial hardship into account. If you are struggling to pay, you may be able to request a modification to your probation terms, such as reducing the fees, setting up a payment plan, or performing community service in place of payments.
Can I Get a Job While on Probation?
Yes, you can work while on probation, but some conditions may limit where you can be employed, especially if your offense was related to a specific industry (e.g., financial crimes restricting banking jobs). Some employers may conduct background checks, which could affect hiring decisions. An attorney can help you explore options for sealing your record if applicable.
What If I Miss a Meeting With My Probation Officer?
Missing a scheduled meeting can be considered a violation, but if you have a valid reason—such as a medical emergency or work conflict—your attorney may be able to argue against penalties. It’s always best to communicate any scheduling conflicts with your probation officer in advance whenever possible.
Will Probation Keep Me From Getting a Professional License?
A probation sentence can impact your ability to obtain or maintain certain professional licenses in Texas, particularly in fields like healthcare, law, finance, and education. If you are concerned about how your probation status affects your career, a lawyer can help you understand your options and possibly work toward sealing your record.
Can I Appeal a Probation Violation Decision?
If a judge rules against you in a probation revocation hearing, you may have the right to appeal. The appeals process can be complex and requires showing that an error was made in the court’s decision. An experienced attorney can review your case and determine whether an appeal is a viable option.
Contact a Dallas Probation Lawyer Today
Whether your aim is to get back on probation or to get off with the lightest sentence possible, we can help. We will do everything possible to fight for you. Moreover, we will give you an honest assessment of your case and make sure that you understand the law and your legal options.
Mike Howard is a Different Kind of Lawyer
We approach our clients differently than a lot of lawyers. Above all, our philosophy is that being a great lawyer is more than getting you a great result. Your needs are our first concern, and we work to keep you informed throughout our business together. You are a person to us, not another case number. We want you to have the best result possible — and that means working for you, not our wallets.
Call (214) 296-2221 or fill out our contact form to schedule your free consultation.
Our Track Record of Proven Results
E.L. – DWI 2nd in 2 Different Counties
Our client was on probation in two different counties and the courts were each requiring different things of her. We coordinated between them and got both courts to remove the much more expensive SCRAM monitoring device and swap it out for the much more affordable interlock device.
P.J. – Improper Relationship Between Educator & Student
Our client’s probation officer and treatment provider had not treated her fairly from the beginning. Before she came to me, they had already tried to get her probation revoked once and were restricting her so much she could hardly be a mother to her own children. We got her conditions relaxed and got the judge to allow her to change treatment providers to a provider of her own choosing.
D.V. – Unlawful Restraint
Our client finished all his conditions early. His probation officer still refused to approve his request to get released from probation early. We convinced the judge to release him early.
D.C. – Aggravated Assault
Out client had gotten probation (with another lawyer) but the judge imposed a condition that he report every year to do 2 weeks in jail and pay thousands of dollars in fines. He’d done this for years with no problems and had been a model probationer. We got the probation officer, prosecutor, and most importantly the judge to agree to remove the yearly 2 weeks in jail.