Defense of Parole and Probation Violations

If you have been arrested or there is a warrant issued for your arrest for an alleged probation, parole or community supervision violation, it is crucial that you hire an experienced criminal defense attorney to represent you . At The Law Offices of Robert I. Kahn, we work to defend people against motions to revoke their probation, parole or release. Free Consultation

The State has a Lower Burden of Proof.

Whatever the reason for the motion to revoke your parole or probation, our firm will be there to represent you. There are many reasons why a person's parole or probation may be revoked. Here are just a few: Free Consultation

• You failed to remain in contact with your Probation or Parole officer
• You failed a drug test or alcohol test.
• You failed to complete your community service hours.
• You failed to pay a fine or restitution

Texas Probation and Parole Violation Defense!

Unlike in a criminal trial where the State has the burden to prove your crime beyond a reasonable doubt, in a hearing to revoke your probation or parole the State only has to prove your violation by the preponderance of the evidence - a standard that requires less convincing evidence.

Texas Probation and Parole Violation Defense

Under Texas law, probation is regarded as a privilege, not a right, and in theory, probation can be revoked for any reason or no reason at all. As a practical matter, however, the risk of imprisonment on a suspended sentence will usually only come up when the probationer is charged with a violation of a condition of probation, or is arrested for a new offense. If you find yourself in either situation, contact a parole violation lawyer immediately for a free consultation about your legal options and to minimize the possibility of prison. Free Consultation

Alleged probation violations such as a failed drug or alcohol test, a missed appointment with a probation officer, noncompletion of a court-ordered treatment or counseling program, or association with a known criminal can all result in a motion to revoke your parole, where the court will determine whether the violation occurred as charged. Unlike criminal proceedings, a motion to revoke hearing is conducted without a jury and the prosecution need not prove your guilt beyond a reasonable doubt. Instead, revocation of probation can be based on the judge's finding of a violation by a preponderance of the evidence, which simply means that it is more likely than not that the violation of probation occurred. Free Consultation

In cases alleging probation violations such as those outlined above, we can work with the prosecutor to make sure that your side of the story is clearly presented before the matter goes to a hearing. Our objective is to convince the prosecutor that the violation is not serious enough to justify committing our client to prison. Our familiarity with the policies and practices in many different Texas counties gives our clients a significant advantage--we can negotiate with the prosecutor from a position of strength based on our knowledge of which violations are taken most seriously in a given locality. Free Consultation

When our client on probation is arrested on a new offense, however, most Texas counties take a hard position on the matter. The probationer is exposed both to the risk of receiving the maximum sentence possible on the prior offense, while receiving a consecutive sentence if convicted on the new offense. Our intensive investigation of the circumstances of the new charge together with our client's overall background and performance is intended to first, obtain a dismissal or acquittal of the new charges, and next, do everything possible to make sure that any new sentence runs concurrently instead of consecutively with the older suspended sentence. Our skill with the presentation of mitigating circumstances at the sentencing phase of criminal cases can help you avoid the worst consequences of a conviction of a new offense while on probation. Free Consultation

At the Law Firm of Robert I. Kahn, we perform similar client service for persons who have been released from prison on terms of parole. The main difference between parole and probation revocation proceedings is that parole cases are charged and heard before the Texas Department of Corrections. For a free consultation about the range of our experience in both probation and parole violation cases, contact us for a free consultation. Free Consultation

If you have been convicted of a crime in the past, you may have been put on probation as part of your sentence and is given after a defendant has spent a certain amount of time in jail. Probation must be taken very seriously because any type of violation could cost you your freedom. Probation means your jail sentence was suspended and violating probation can mean having to return to jail to fulfill your entire jail sentence. If you think you may have already violated your probation, it is vital during this time to have experienced probation violation defense attorneys by your side. Free Consultation

Terms and conditions of a probation will usually include some or all of the following:

• Alcohol and/or drug testing
• Community Service
• Counseling

Depending on the criminal charges, a probation period usually lasts between 2 and 3 years. In more severe cases, such as felony charges, it can least between 5 and 6 years. Although some probation violations may only result in a warning and a second chance will be given before further action is taken, this is not always the case and jail time may result. A skilled probation violation lawyer can reduce or even eliminate any consequences that may result from violating your probation. Don't fight this alone! Free Consultation

There are many ways someone may violate their probation. New criminal charges, failing a drug or alcohol test, and failing to report to the probation officer are just some of the many things that can get you in trouble if you are on probation. Aside from jail time, some other serious consequences that can result from probation violation may include amendment of probation terms, extension of the probationary period, revocation of the probation, and the list goes on. Hiring a motion to revoke lawyer that is experienced in handling these types of situations will help to improve your chance for the best possible outcome. Free Consultation

Probation Violation/Violation of Probation (VOP)

If you are accused of violating your probation (VOP) in the state of Texas, know that you run the risk of having your probation revoked. A judge will sign a warrant for your arrest. Once you are brought into county jail, you may be kept there without bond. There is no statute of limitations for violating your probation. Free Consultation

A probation officer can accuse you of violating your probation in the following ways:

• 1.You violated a "technical" condition of your probation. For example, you failed to show up for an appointment with your probation officer or did not pay fines that were part of the conditions of your probation.
• 2.You are charged with committing another crime.

When you violate your probation, you do not have a right to a trial before a jury, and the burden of proof of your violation is based on a preponderance of evidence. This means that the prosecutor must only prove that you more than likely violated your probation. You can also be called as a witness at your own hearing. Free Consultation

If you are found guilty of violating your probation, more conditions may be added to your probation terms. Your probation period may be lengthened or revoked, and you may even face time in jail or prison.

There are several kinds of probation that are issued by the Texas Department of Corrections:

1.Probation—requires the offender to obey certain conditions of probation and be in regular contact with probation and parole officers.

2.Administrative Probation—places the offender on probation but does not require them to be in regular contact with a parole or probation officer.

3.Community Control—requires the offender to be under supervised custody. The offender's freedom is restricted to a certain type of residential setting and may include surveillance by officers.

4.Community Control II—24 hours a day/ 7 days a week supervision by probation officers that may include spending a set amount of time in residential confinement. This may include 24/7 electronic surveillance.

5.Sex Offender Probation—offender must follow a treatment plan and be under strict supervision by a surveillance officer.

6.Drug Offender Probation—offender under goes treatment, random drug testing, and strict supervision. An experienced criminal defense attorney can inform you of your rights and represent you at your probation violation hearing.

Motion to revoke lawyers at the Law Firm of Robert I. Kahn are criminal defense attorneys with over 34 years experience in successfully handling probation violation cases. Our probation attorneys have represented clients in all areas of criminal law. Mr. Kahn is an advocate of your rights and will do everything he can to defend you. Free Consultation

If you have been arrested for violating your probation in, your freedom is too precious to entrust to someone with less experience. Call Now!

We offer a free initial consultation and confidential case analysis so that you may consult with a lawyer, understand your rights and determine the best action to take. Call us immediately at 210-225-6600!