Being arrested for a probation violation is a serious charge that could land you back in prison for the remainder of your sentence. In addition, probation violation penalties may be added on that prolong your time in jail or increase the severity of your sentence. If you have recently been released from prison on parole, remember that you do not yet have complete freedom to do as you wish. There are strict rules that you must follow to avoid being sent back to prison. Free Consultation
Situations to Avoid.
The easiest way to prevent a violation is to know all of the conditions of your parole. Consult with your probation officer and be sure that you understand what you can and cannot do while on probation. In general, avoid the following situations and actions, which are often considered to be violations: Free Consultation
Contact a skilled parole lawyer immediately!
Some of these offenses may seem very minor, but the consequences of violation can be severe. If you know you have violated your parole, contact a criminal defense attorney immediately. If you are able to consult with an attorney prior to being arrested for probation violation, the penalties you face may be less severe. For instance, an attorney may be able to file for bond on your behalf so that you do not have to sit in jail until your hearing. Free Consultation
For More Information
Committing a probation violation does not necessarily mean that you will be sent back to prison. A good criminal defense lawyer can defend your freedoms in court and may be able to give you a second chance at parole. For more information on probation offenses and preparing a good defense, submit your information through the contact form and one of our Experienced Parole Attorneys will call you immediately or call our office at 210 225 6600. Free Consultation
Often our motion to revoke attorneys can eliminate criminal charges for our clients by entering a plea bargain requiring them to serve a probationary period instead of going to jail. Most clients are extremely happy with this result, but it is easy to overlook the severity of probation or parole. Clients easily forget that a violation of probation results in prison time and it is much more difficult to keep a client out of prison after a probation or parole violation than when first charged. If you need help or have questions regarding probation or parole in Texas and would like to speak with an experienced motion to revoke defense lawyer contact us at 1-888-232-7313 for a free consultation at no obligation. Free Consultation
Violating the Rules of Your Probation
Even if someone merely claims that a client has violated probation, that client may face the original jail sentence they would have served, but not for the probation. Thus, a supposed violation puts the client back at square one and a new criminal defense much be launched. The downside is that the client does not have as many rights when launching a criminal defense against a probation violation as he does when defending the original charge. For starters, there is no right to a trial by jury, and the claim does not need to be proved beyond a reasonable doubt. It usually comes down to the client's story versus the probation officer's story, and it is very difficult for a client to seem more credible than a probation officer, especially since the judge usually knows the probation officer. It is important to note that the probation officer will usually make a recommendation to the judge as to what your sentence should be. Free Consultation
Handling a Probation Violation
Since the probation officer can make a recommendation to the judge as to what your sentence should be, when dealing with a probation violation, our motion to revoke parole attorneys objective is to prevent the officer from recommending prison time as a sentence. We have been working as a criminal defense lawyers in Texas for over thirty five (35) years, and I have genuine knowledge of what probation officers need to see in order to prolong your second chance. I will level with your officer to make sure he/she knows how seriously you take your probation. Even if you did not report a new address, missed an appointment here or there, or failed a drug test, I may still obtain a favorable result on your behalf. Free Consultation
Handling a Parole Violation
Parole is different than probation. Parole occurs when a person is released from prison, and a parole violation is handled in a different manner than a probation violation. While both parole and probation violations result in hearings, parole violation proceedings are much more rigid than probation violation proceedings and the outcome is less determinative on the client and defense attorney's relationship with the officer. Instead of convincing the probation officer to refrain from making a jail recommendation to the judge, at a parole hearing, I must launch a defense against the alleged violation, argue the facts and demonstrate that the client's violation was not harmful to the community and will not be repeated. Free Consultation
What Is A Violation Of My Probation
Probation is sometimes part or all of a criminal defendant's sentence. Probation allows an individual to remain a member of the community after his or her jail time (if any) has been successfully completed. A probation violation can send that individual to jail, or have other adverse consequences.
Probation: Not the Same as Parole
It's important to not confuse probation and parole :
Probation follows a county jail sentence, or is given as the sole consequence of a crime, with no jail time.
Parole follows a state prison sentence. It is granted after a convicted person serves time in prison.
What Is a Probation Violation?
If probation is part or all of the sentence you have been given after a criminal conviction, you should be aware of the various ways that you could violate your probation — because of the negative consequences. Some of the more common probation violations include: Free Consultation
Failure to Appear : A scheduled court appearance is often a condition of probation. The purpose is to provide the court with a progress report on how a defendant is doing in the community. If the defendant doesn't appear for this court appearance, a judge may consider it a probation violation.
Failure to Report : A defendant's probation may require him or her to report to a probation officer at scheduled times. Failure to report as scheduled may result in a probation violation. Free Consultation
Violation of Rules : Probation often includes one or more rules from the judge that prohibit the defendant from visiting certain places or people. If the defendant breaks these rules, it's a probation violation. Free Consultation
Failure to Comply : Mandatory rehabilitation or community service may be part of a defendant's probation.
Failure to Pay : If the defendant doesn't pay a fine or pay restitution to a victim as ordered, the judge may consider this lack of action a probation violation.
Possession of Illegal Substances : Possession of illegal weapons or drugs is a common probation violation.
Committing a Crime : Not committing any further crimes is mandatory during probation. Conviction for a new crime will be a probation violation.
Being Arrested : Regardless of whether someone on probation is charged with a crime, if he or she is arrested during probation, it will probably be considered a probation violation. Free Consultation
After a Probation Violation
If you have violated your probation, one or more of the following consequences are a possibility:
Get an Attorney's Advice about Your Probation Violation
If you have violated your probation, or if a law enforcement agency alleges that you violated your probation, the attorney representing you can work to reduce the negative consequences of the violation. Contact an experienced motion to revoke lawyer today to discuss your circumstances. Free Consultation
With over 33 years of trial experience, our parole attorney is one of a handful of attorneys who regularly present parole packages. Generally, one year before you or a family member becomes eligible for parole, you will want to retain an experienced attorney to assemble a parole package to be presented to The Texas Board of Pardon and Paroles. Free Consultation