If you violate your probation — or if the court simply suspects you did — you could end up behind bars for the maximum possible sentence. The Texas criminal justice system takes probation violations seriously and acts quickly to revoke both suspended sentence and deferred adjudication agreements. Before you risk compromising your freedom and your future, talk to a probation violation lawyer in Allen, TX. The Law Offices of Randall B. Isenberg offers a free consultation to answer your questions and help you explore your options.
In addition to going to jail or prison for the statutory maximum sentence, you face a host of other penalties if the court deems you violated your probation.
You will also have a permanent criminal record and lose many of your most important legal rights. The two most important legal rights you relinquish are:
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Probation, known as “community supervision” in the Texas statutes, is either a suspended sentence agreement or a deferred adjudication agreement. Your potential penalties vary based on the type and structure of your agreement.
This type of probation offers you the opportunity to avoid going to jail or prison in exchange for meeting the requirements of your agreement. If you violate a suspended sentence agreement, the court can require you to serve out the maximum allowable sentence for your offense.
This type of probation offers you the opportunity to avoid having a permanent criminal record in exchange for meeting the requirements of your agreement. If you violate a deferred adjudication agreement, the Allen, TX court can pronounce you guilty and pass sentence. Consequently, you will have a permanent criminal record in addition to serving your sentence.
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Unless you want to face the harsh consequences of a probation violation, consider taking full advantage of the rights you still have.
When you trust an Allen probation violation lawyer from the Law Offices of Randall B. Isenberg, we provide comprehensive legal services based on the details of your case. We devise our legal strategies to provide the best possible outcome for you. These are the most common approaches we use to resolve our clients’ probation violation cases:
In some cases, uncontrollable events may jeopardize your probation. For example, if your agreement requires you to maintain a job but your place of employment closes its doors, we simply explain the situation to your probation office (PO) or, if necessary, to the judge. We provide a plan to resolve the situation and ensure the proposed solution is agreeable to your PO and the court.
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It is possible you did not actually violate your suspended sentence or deferred adjudication. In that case, we document the facts of your case and present them to your PO or, if necessary, to the judge.
Because you lost your right to being found guilty beyond a reasonable doubt, however, the judge can rescind your probation on a preponderance of the evidence. We will build the strongest possible case to prove your innocence.
If you did violate your agreement, we can often convince the court to renegotiate the terms rather than revoke your probation outright. This may require an extension of the agreement or additional penalties such as community service and educational programs. We work diligently to devise a revision that satisfies the court while minimizing the negative effects this may cause for you.
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Because you still have the right to defend yourself in court, our legal team will take full advantage of this opportunity. We investigate the circumstances of your alleged violation and obtain information to support your defense. We may call witnesses and present evidence to support your defense.
The sooner we can get to work on your case, the better our chances of obtaining a favorable outcome. Contact the Law Offices of Randall B. Isenberg now to learn more: 214-696-9253.
Our legal team determines whether you did indeed violate your probation agreement and, if so, under what specific terms. Violating any of your agreement’s terms can lead to a revocation. However, some of the most common types of violation include the following:
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For less serious violations, your probation officer may be amenable to a simple explanation. For a more serious violation, such as being arrested for driving while intoxicated or committing another type of crime, having an Allen criminal defense lawyer on your side may help you avoid a potentially dire outcome.
A probation violation lawyer in Allen from the Law Offices of Randall B. Isenberg will fight to help you retain your freedom and potentially avoid additional penalties. Our primary goal is to resolve the situation before it progresses to a scheduled probation revocation hearing.
Need Legal Representation ? We Can Help You Build A Defense Send Us A Message Below And One Of Our Staff Members Will Get Back To You As Soon As Possible.If you violate probation in Rockwall, the court will move to revoke or adjudicate your probation. As a result, you will go straight back to jail — and potentially remain there for much longer than you anticipated — unless you fight for your freedom and your future.
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Contact a probation violation lawyer in Rockwall as quickly as possible, even if your probation officer or the state has not yet begun legal action.
When you violate the terms you agreed to at the time of your conviction, your probation officer (PO) will present the District Attorney (DA) with a motion to revoke your probation.
If the DA approves the motion, the court issues an arrest warrant. Once the police arrest you for your violation, your ability to bond out depends on whether you had a suspended sentence or deferred adjudication.
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Having a probation violation lawyer working on your case is the best way to ensure the protection of the rights you still have.
Your attorney can often negotiate with the court to reach a mutually acceptable agreement to get you out of jail and have your probation reinstated.
The first thing you lose is the right to a jury trial to determine the outcome of your case. In most cases, the judge who issued your original sentence will preside over your probation violation hearing and decide your future.
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The next right you lose is the legal standard of reasonable doubt. The DA only needs to make the state’s case based on a preponderance of evidence.
You do retain the right to a lawyer, to enter a plea in response to the allegations of a probation violation, and the right to mount a legal defense in court.
Because you retain so few of your legal rights, having a probation violation lawyer to represent you is the best way to protect those rights and to aim for the best possible outcome in your case.
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Your probation violation punishment will depend largely on your original sentence and the structure and requirements of the community supervision agreement that kept you out of jail at that time.
The Texas probation statutes provide for two types of agreements available for use in structuring a community service agreement: deferred adjudication and suspended sentence.
The court will use a deferred adjudication agreement if you negotiated to accept probation in lieu of going to trial. In other words, the court did not sentence you on your charges.
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Under this structure, the court agrees to drop the charges against you after you meet the terms and complete all the requirements of the agreement. If you subsequently fail to meet the terms of the deferred adjudication agreement, the court will file a motion to adjudicate.
When you appear in court, unless you present a persuasive defense, the judge will find you guilty of the original charges and impose the statutory maximum sentence.
The arrangement you may recognize as “straight probation” is called a suspended sentence agreement. The court uses this agreement for those cases that involve a conviction or plea bargain. This agreement acknowledges the court’s willingness to suspend some or all the statutory penalties if you agree to the terms of the agreement.
What Happens When You Violate Probation?
Once you violate a suspended sentence agreement, however, the court will file a motion to revoke the agreement. At the conclusion of the violation hearing — if you fail to present a persuasive defense — the judge will order you to jail to serve out the portion of your sentence that the court previously agreed to suspend.
A probation violation lawyer can negotiate with the court and, in many cases, come to an agreement that will keep you out of jail. This typically involves a modification of your suspended sentence or deferred adjudication agreement, potentially extending your probation or incorporating additional requirements.
Even if you must serve a longer probation or perform additional community service, this may be the best way to keep you out of jail.
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Your deferred adjudication or suspended sentence agreement outlines the specific conditions, requirements, and restrictions of your probation. The failure to uphold any aspect of your agreement may mean you have violated the terms.
Some of the most common actions associated with a violation include drinking or taking drugs, committing a crime, associating with known criminals or street gangs, and leaving the state without obtaining permission from your PO.
Your agreement may require you to maintain steady employment, perform a specific number of community service
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