Denton | Cooke | Wise
After a release from jail, your aim is to do everything you can not to return. So when a probation violation puts your freedom at risk, you need a knowledgeable Denton attorney who will ensure you’re informed of your rights and help you construct a sound a case to defend against the prosecution.
What Constitutes Probation Violation in Texas?
Probation Violation is exactly what it sounds like: violating the conditions/terms of your legally-required probation. In the state of Texas, ignoring, avoiding, refusing, or otherwise breaking the terms of your probation result in a violation. A typical probation lasts 1 – 3 years in the state of Texas, but in some circumstances, the probation can last for several years.
Here are many of the common probation violations in the state of Texas:
- Failing to report to a probation officer at an appointed place and time.
- Failing to appear at a scheduled court appearance.
- Using, selling, or processing any kind of illegal drug.
- Failing to pay the court-ordered restitution or fines
- The committing of any other crime or offense.
- Visiting any person or place prohibited in the terms of probation. This includes traveling out of state.
- Being arrested for any kind of offense at all – whether it be criminal or not.
What Happens When You Violate Probation in Texas?
If you violate parole, there are a few different consequences that can happen. There is no automatic action or set rule here, so which of these happens depends for the most part on things like the seriousness and nature of the violation and other related circumstances. Typically, the penalties for violating probation are extended probation, significant fines, and jail time.
Since there is no standard response, probation officers have a great amount of discretion when determining which penalty is appropriate for the violation. If the probation officer determines the penalties should be as severe as jail time, they will set a court date for a probation hearing where a judge will hear your case and consider whether or not you violated terms of your probation.
Though you do not retain all of your legal rights in such a hearing, you do retain the right to legal representation as well as the following:
- You have a right to receive a written notice of the violations that are being claimed against you.
- You have a right to be heard in court by a neutral judge.
- You have a right to present both witnesses and evidence on your behalf.
For this reason, it is vital that you do not face these charges on your own, but instead enlist the help of a qualified and experienced criminal defense attorney in the Denton area.
Fighting a Probation Violation or Revocation
You are not awarded the right for a jury trial in a probation violation charge. Instead, the prosecution only needs to prove the violation by a preponderance of evidence rather than the more formidable “beyond reasonable doubt” required in criminal trials. A guilty verdict for a violation can result in jail time. An experienced defense lawyer will work rigorously to eradicate or reduce the charges against you, while seeking avenues to diminish any incurred penalties. Paige McCormick understands the seriousness of a probation violation charge and will develop the best available strategies to defend against the allegation.
With Paige McCormick, you will be given the best possible chance for success. She knows you’re ultimate objective is freedom and she is here to fight for it every step of the way with meticulous and professional legal assistance. She will defend your rights and do everything she can to help you obtain a desirable outcome.
Contact Paige McCormick today to schedule a free consultation. The Paige McCormick Law Firm serves clients in Denton, Cooke, & Wise Counties.