What To Do About Probation Violations in Texas

 Posted on December 15, 2023 in Criminal Law

Violating a probation order in Texas could lead to that probation being revoked. During the revocation hearing, a judge can also decide to make the terms of the probation even more strict. It falls on the shoulders of the prosecutor to make the probation violation charges stick. Even just one minor violation could see a defendant’s probation revoked. Defendants reserve the right to an attorney being present at a revocation hearing if they choose to do so.

Types of Probation

In Texas, there are three types of probation:

• Misdemeanor probation
• Felony probation
• Deferred Adjudication probation

Each type has its own terms and penalties should they be violated. The terms will depend on a defendant’s criminal past, the severity of the crime, and whether or not imprisonment is necessary in place of community supervision.

• Some of the common terms for probation include:
• Meeting with a probation officer regularly
• Probation fees
• Alcohol and drug treatment
• Victim restitution, if applicable
• Inability to leave the county with a probation officer’s approval
• Random drug testing
• Community service
• Not receiving charges or being arrested for another crime

A Probation Violation

Depending on the severity of the violation, so long as the defendant remains in good standing with their probation officer, the first violation may only receive a warning. Additional violations will likely see a court summons where a judge will introduce a list of punishments that the defendant may now face. Probation can be extended, or jail time to be introduced if the judge deems it necessary.

Suspicions of a Probation Violation

Law enforcement officers who believe that a defendant has violated their probation can go to court and file for a motion to adjudicate probation. The judge may then issue an arrest warrant to apprehend the defendant. Once arrested, the defendant can spend time in a county jail until they can attend the scheduled revocation hearing.

At the hearing, the defendant will stand against the district attorney prosecutor, who has the burden of proof. They must prove that the defendant violated their probation through a preponderance of the evidence. The defendant and their lawyer can challenge the case and argue no violation occurred. It will be up to a judge to decide if the evidence is credible enough to warrant a probation revocation or extension or if probation was not violated at all.

Contact a Tarrant County, TX Criminal Defense Attorney

Anyone facing probation violation charges should immediately consult a Dallas, TX probation violations lawyer. Without a lawyer, you could face insurmountable complications that could see your probation revoked and some time in prison, depending on the severity of the violation. Contact the Law Office of Michelle Poblenz at 469-845-3031 for an attorney with over 25 years of legal experience in the field. Set up your appointment today.