Dallas Probation Violation Lawyer
Dallas Probation Violation Lawyer – What Violations You Need to Watch Out For
A Dallas probation violation lawyer can definitely prevent all your efforts from going down the drain if you made a mistake during your probation. As you may be aware, you either go to prison or go on probation when a court in Texas convicts you of a crime. The court will set certain conditions that you must follow once you are on probation. Violating these conditions could forfeit your probation status, and you would need the help of a Dallas probation violation lawyer to negotiate anew. Read on to find out how you can become eligible for probation and how to avoid violating the terms of your probation.
What Is Probation According To Texas Laws?
Texas law defines probation as a form of punishment given to a person who has committed a crime. The court can sentence the convict to prison or jail, or they can place them on probation. One factor that determines whether or not you can go on probation is how much time and money it would take the government to put you in jail and keep you there. For example, the court finds you guilty of stealing a car worth $10,000, but it would cost more than double that amount for the government to put you in jail. If that’s the case, either your criminal defense attorney can motion for probation or the court may choose to do so.
The conditions for being placed on probation include regularly reporting to your supervisor or probation officer, refraining from any criminal activity, and paying fines and restitution. Additionally, the court may compel you to complete community service work hours. Your criminal defense attorney can lay out the full conditions of your probation so can fully comply with them.
Types Of Probation In Texas State
There are two types of probation in Texas – regular and deferred. Regular probation is also called supervised probation, which means you will have to report to a probation officer and follow the rules set by the court. Deferred probation is unsupervised, which means you do not have to report to anyone. However, you still have to follow the court’s conditions. If you violate the terms of your deferred probation, then you may be sentenced to jail or prison time.
Getting A Dallas Probation Violation Lawyer To Get Eligible For Probation
The prosecutor and your defense lawyer will negotiate a plea bargain, an agreement between the two parties about the sentence. The judge will then review the plea bargain and decide whether to accept it. You will go to trial once the judge decides not to accept the plea bargain.
If the court finds you guilty of a crime, the judge will decide whether to place you on probation or not. Here are some of the factors that the court will consider.
- It Depends On The Severity Of The Crime That You Committed. Your chances of being eligible for probation will depend on your offense. For example, if you committed a violent crime, you will most likely not be considered for probation.
- Your Criminal History. If you committed other crimes prior, the court is less likely to consider you for probation.
- The Victim’s Input. The victim of the crime will be allowed to give their opinion about whether the perpetrator should go on probation or not.
- Another Factor Is Your Employment Status & Ties To The Community. The judge will want to know if you have a job and any relationship with the community, such as having family or friends in the area. It helps them weigh if you are likely to leave the state if they place you on probation.
The judge will review these factors and then decide whether to place you on probation or not. In some cases, you can also request that the judge place you on probation.
Different Conditions Of Probation In Texas
The conditions of probation will vary depending on the type of probation you are on. For example, if you are on regular probation, you will have to report to a probation officer and follow the requisites provided by the court. You do not have to report to anyone if you are on deferred probation, but you still have to follow the court’s conditions. Below are some of the common conditions of probation.
- Reporting regularly to your probation officer.
- Refraining from any criminal activity.
- Paying fines and restitution.
- Completing community service work hours.
- Attending counseling or treatment sessions.
- Abiding by a curfew.
- Not possessing any weapons.
If you violate any of the terms of your probation, then you may be sentenced to jail or prison time. However, there are a few ways to get your probation reinstated if you have violated the terms of probation. For example, through your Dallas probation violation lawyer, you can request to go through probation again and ask for alternative sentencing options such as house arrest or community service.
Types Of Probation Violations & Their Consequences
Texas courts have significant power over you while you are on probation. That is because probation is a form of a suspended sentence. In other words, the court has given you a break by not making you serve your entire sentence in jail or prison. However, probation comes with conditions that you must follow. If you violate the terms of your probation, then the court can revoke your probation status and make you serve your original sentence.
There are two types of probation violations in Texas: technical and new law violations. Your Dallas probation violation lawyer can lay out the most suitable course of action for either case.
A technical violation means failure to comply with a probation’s conditions. It does not involve committing a new crime. For example, failing to show up for a drug test incurs a technical violation, if the court requires you to submit to regular drug testing. Below are other examples of technical probation violations.
- You Fail To Report To Your Probation Officer. You must meet with your probation officer regularly, as scheduled. Failing to do so is a probation violation. The probation officer has the authority to issue a warrant for your arrest if you fail to comply with this requirement. Once arrested, you may be required to serve the remainder of your probation time in jail.
- Failure To Pay Restitution. The court may require you to pay restitution as part of your probation. If you refuse or fail to comply, the court can order you to make up the restitution payments or may revoke your probation entirely. The judge may also decide to let you serve your original sentence.
- You Did Not Complete Community Service Hours. Community service is often a probation requirement. You can incur a probation violation if you fail to meet the required hours. The court may order you to make up the hours, otherwise, revoke your probation.
- Failure To Pay Probation Fees Or Court Costs. Probation typically comes with probationary fees and court costs, which you should pay promptly. If you fail to pay these fees, then you are violating probation. As consequence, the court may revoke your probation status or extend your probationary period.
- Leaving The State. You are typically not allowed to leave the state while on probation without approval from your probation officer. With this violation, the court can revoke your probation and require you to serve your probationary sentence in jail or prison.
New Law Violations
A new law violation is any probation violation that involves committing a new crime. If you are on probation and are arrested for another crime, this will be considered a probation violation. However, even if you are not charged or convicted of a new offense, you can still violate your probation if the court believes you have committed a new crime. For example, the court can still revoke your probation if they suspect that you are involved in the commission of a crime. It can still happen even if the police were unable to make an arrest or prosecute you.
Depending on the nature and severity of your probation violations, there can be a range of consequences for violating probation in Texas. Typically probation is extended or modified for minor technical violations to account for the offense. However, more severe probation violations can result in jail time or even a return to prison. Therefore, it is essential to abide by all of the conditions of your probation so that you do not risk facing harsh penalties. It is also essential to get the services of a Dallas probation violation lawyer to lay out the most acceptable option after a probation violation.
How A Probation Violation Lawyer Can Help You
If you have violated your probation in Texas, it is essential to seek legal assistance from an experienced Dallas probation violation lawyer. A lawyer can help evaluate your case and determine the best course of action for resolving your probation issues. It holds true whether that involves negotiating with the probation department or appearing in court on your behalf. In addition, a lawyer can work to minimize any potential penalties and ensure that your rights are protected throughout the process. Contact a Dallas probation violation lawyer today to learn more.
The Medlin Law Firm is a leading legal resource for individuals facing probation violations in Texas. With over 20 years of experience, their skilled attorneys are well familiar with the complexities of probation law and can provide the guidance and support you need during this time. Schedule a consultation with them to learn more about how they can help with your probation violation case.