Probation Violations & Revocations

Violating probation can result in serious consequences, including extension or revocation. Every probation case has a series of requirements or terms that must be followed as ordered by the court. These include, but are not limited to:

  • Failing a drug test
  • Failing to attend required treatments or complete court-ordered programs
  • Being charged with a new crime
  • Failing to make all your scheduled meetings and court dates
  • Failing to pay required fines

Any of these failures will likely constitute a probation violation in the state of Texas. Because of the tremendous amount of discretion given to judges, your best bet when facing charges of a violation is to come prepared with a qualified and experience probation violation attorney to argue your case.

Often, there is a simple explanation for the violation. In some cases, someone on probation may have done exactly as they were ordered without any violation taking place. No matter what your situation is, the Huston Firm has experience representing clients with all types of probation violations. We can, on your behalf, endeavor to proffer strong representation and compelling arguments to protect your rights and minimize any negative impacts on your probation.

We can even file a motion on your behalf for a bond hearing in order to give you your freedom while the case concerning the alleged violation of your parole remains pending.

What Happens When Your Allegedly Break Your Probation

In the event your probation officer or other involved party believes there is a probation violation, the judge in your case may issue an arrest warrant as a result. If the infraction is minor, you may be able to turn yourself in. However, if the infraction is serious, police will likely seek and execute a warrant.

If you are arrested, in most cases you will be presented before the issuing judge within 48 hours. After that, you may spend up to or longer than 20 days being held before a hearing can be arranged. During that hearing, the judge will hear evidence about the alleged violation and make a decision. There is no jury for a probation violation hearing, but you are allowed to be represented by legal counsel.

The Consequences of Probation Violation in Texas

When it comes to the possible consequences of a probation violation, the Huston Firm will do our best to protect you from the harshest penalties. If convicted of a probation violation in Texas, the likely consequences include:

  • If you are on probation through deferred adjudication, the judge may choose to instead impose a conviction which would go on your criminal record and include a jail or prison sentence that appropriately fits the crimes in your case.
  • If you received a suspended sentence, the judge can decide to revoke your community supervision and instead have you confined for the period of time that was set at the adjudication.
  • In less serious cases, it is within the judge’s authority to allow probation/community supervision to continue under new, modified terms, which may include an extension of the length of the probation.

Probation Modification and Early Termination

The Huston Firm in Fort Worth also takes on cases of probation modification. If you need to move for family or employment reasons, we can help facilitate a successful transfer to a new probation office. Is your current probation officer not serving your interests to the best of their ability? We will strive to have a new one assigned.

Our attorneys want to help you move on with your life without the hindrance of probation. We can help you request probation termination. The court requires specific requisites to approve a probation termination or modification. For instance, you must have successfully completed all terms of your probation and have served at least one-third of your probationary period. We know what is required and will fight for every option you have.

Attorney G. Dewayne Huston is here to help. The Huston Firm represents clients throughout the Fort Worth and Dallas area. Call today for a free consultation.