Probation & Community Supervision Violations Lawyer

There are two types of Community Supervision in Texas. One called Deferred Adjudication Community Supervision, and the other called Formal Community Supervision. Most courts, lawyers and folks in the justice filed refer to them as Deferred Adjudication Probation, and Formal Probation. I am going ot call them Probation.

Deferred Adjudication Probation allows someone charged with a crime to admit that they committed the offense, the Court defers a finding of guilt, serve a period of time being monitored by a probation officer, and at the end of the term, have the case dismissed. Depending upon the nature of the offense of which the individual was placed on probation, and upon conclusion of the community supervision period plus a waiting period, they may be able to then hire an attorney to file a petition seeking an order of non-disclosure that would then seal the case from the outside world being able to see it; however, law enforcement would be able to see it for purposes of enhancement.

Formal Probation allows individuals convicted of a crime to serve their sentences outside of jail or prison under court supervision. This allows an individual to keep their job, be with their loved ones, and still be productive.

However, violating the terms of your probation, either formal or deferred adjudication, can have serious consequences, including jail time, revocation of probation, and even imposition of the original sentence. If you are accused of a probation violation in Texas, you should act quickly and secure the representation of a skilled criminal defense lawyer in Georgetown.

At the Law Office of W. Todd Ver Weire, we understand the stress and uncertainty associated with a probation violation accusation. Our experienced probation violations lawyer has a proven track record of helping clients navigate the legal process, fight for a favorable outcome, and protect their freedom. Todd will aggressively defend your rights and work tirelessly to minimize the potential consequences you face.

Offenses That May Qualify for Probation in Texas

In Texas, probation, also known as community supervision, may be granted for many misdemeanor and felony criminal offenses. However, eligibility for probation is not guaranteed and depends on various factors, including the nature and severity of the offense, the defendant’s criminal history, and the judge’s discretion. While certain serious or violent offenses may make a defendant ineligible for probation, many other types of offenses may qualify for probation, including the following:

Misdemeanor Offenses

Probation may be available for misdemeanor offenses in Texas. Texas misdemeanors for which you may be eligible for probation are categorized as follows:

Class A misdemeanors: These crimes are typically punishable by up to one year in jail, a fine of up to $4,000, or both.
Class B misdemeanors: These are less severe offenses typically punishable by up to 180 days in jail, a fine up to $2,000, or both.

Felony Offenses

In some cases, such as first-time offenses, it may be possible to receive probation rather than imprisonment after a felony conviction. Felony probation can include the following:

Deferred adjudication: This form of probation allows you to avoid a conviction if you complete the terms of probation.
Formal probation: Also known as regular probation, this type of probation allows you to avoid jail time while serving a period of supervision in the community.

Violating any of the terms and conditions of probation is taken seriously in Texas. You should strictly adhere to all the court-ordered conditions if you are sentenced to probation. However, if you are facing a probation violation hearing, it is crucial to consult with a skilled Georgetown criminal defense attorney who can ensure your rights are protected and present your case effectively.

Conditions of Probation in Texas

Probation is a privilege, not a right. In Texas, the court establishes probation conditions during your sentencing hearing. These conditions can vary depending on the nature of your offense, but often include:

Reporting to a probation officer: Regular meetings with your probation officer are mandatory. These meetings typically involve discussing your progress, potential challenges, and changes in your life circumstances.
Following curfews: You may be required to be home by a specific time each night or remain within a designated geographic area.
Maintaining employment or education: The court might require you to keep a job or continue your education.
Substance abuse treatment: Depending on the offense, you might be ordered to complete drug or alcohol rehabilitation programs.
Community service: You may be required to complete a specific number of hours of community service.
Financial restitution: In some cases, restitution to the victim may be a condition of your probation.
No contact orders: You may be prohibited from contacting certain individuals or visiting specific locations.
No new offenses: You cannot be arrested or charged with any new criminal offenses while on probation, regardless of the outcome of the new case.
Remaining in the jurisdiction: You may be prohibited from leaving the jurisdiction without permission from your probation officer or the court. You will be prohibited from leaving Texas without first obtaining permission of your probation officer, and depositing a sum of money – generally the cost of sending someone to go get you should you not return.

Violating the terms of your probation can result in severe consequences. It can trigger a warrant for your arrest and a probation violation hearing. Our experienced Georgetown criminal defense team from the Law Office of W. Todd Ver Weire can zealously represent you in such a hearing.

Probation Periods in Texas

The length of probation in Texas varies depending on the specific terms imposed by the court and the type and severity of the offense committed. Probation periods may range from usually a minimum of 12 months, to as long as several years. You must comply with all probation conditions during your probation period and avoid engaging in criminal activity.

In some cases, depending on your behavior and adherence to the conditions of your probation, you might be eligible for early termination. However, certain offenses, certain terms of probation, and what Court is supervising your probation all play a role as to whether or not early termination is possible,Consulting with your criminal defense lawyer in Georgetown about this possibility is recommended.

Common Probation Violations in Texas

Probation violations can occur in many forms, including:

Failing to report to your probation officer or missing a scheduled meeting
Testing positive for drugs or alcohol
Being arrested for a new crime, even if not convicted
Violating a court-ordered curfew
Associating with known criminals
Violating a civil court order, such as a protective order or restraining order
Failing to complete mandated treatment programs like drug rehab or mental health counseling
Failing to complete community service hours

According to the Texas Department of Criminal Justice (TDCJ), more than 360,180 people were on probation in the state in 2022. The Texas Center for Justice & Equality (link is expired)reports that nearly one-third of individuals incarcerated in the state each year are locked up because they violated their probation. If you are accused of violating your probation, you should immediately consult with a criminal defense attorney in Georgetown to minimize your chances of being incarcerated or having your probation revoked because of the alleged violation.

Consequences of Violating Probation in Texas

Violating your probation in Texas can have serious consequences, potentially leading to jail/prison time, fines, and if you were placed on deferred adjudication and are being adjudicated, a potentially longer sentence then could have been negotiated to begin with. Potential repercussions include:

Potentially no bond while awaiting revocation or adjudication of your probation,
An adjudication hearing if you were on deferred adjudication, which could result in a conviction,
A probation revocation hearing, wherein the State seeks jail or prison time,
Additional terms and conditions such as required attendance in a treatment program, other classes, or community service,
Extending your probation term,
Additional collateral consequences, including reduced employment opportunities and housing options or immigration effects.

The Texas Probation Violation Process

If you are accused of a probation violation, you will be entitled to a hearing before the judge who sentenced you. The hearing process typically involves the following steps:

Arrest and booking: If your probation officer files a violation warrant, you could be arrested and jailed.
Arraignment: During the arraignment, the court will inform you of the alleged violation and your legal rights, including the right to an attorney.
Bond: You are not entitled to bond as a matter of right when facing an adjudication of your deferred adjudication probation, or a revocation of your probation. While it is possible to receive a bond, do not be surprised if no bond is set for a revocation of felony probation.
Pre-hearing investigation: A pre-hearing investigation may be conducted to gather more information about the alleged violation.
Hearing preparation: With your attorney’s guidance, you can prepare for the hearing by gathering evidence to refute the allegations or demonstrate mitigating circumstances.
Probation violation hearing: At the hearing, the state will present evidence to prove you violated your probation conditions. You and your lawyer can challenge the evidence, present your defense, and argue for a less severe outcome.
Judge’s decision: Based on the evidence presented, the judge will decide whether you violated your probation by a pre-ponderance of the evidence, and determine potential consequences. You do NOT get to litigate your guilt or innocence to the underlying charge.

Potential Outcomes of a Probation Violation Hearing

The potential outcomes of a probation violation hearing in Texas can vary depending on several factors. Possible consequences of a probation violation include:

Dismissal of the violation: If the judge finds insufficient evidence to support the violation or your attorney presents a compelling defense, the violation can be dismissed, and you will remain on probation without further penalty.
Modified probation conditions: The judge may modify your existing probation conditions, including stricter reporting requirements, additional counseling programs, or community service.
Revoked probation and imposed sentence: This is the most serious consequence. The judge can revoke your probation and impose the original sentence you were facing for the underlying offense.
Alternative sanctions: Sometimes, the judge may order alternative sanctions, such as drug treatment programs or electronic monitoring.

Factors Affecting the Outcome of a Texas Probation Violation Hearing

The judge’s decision at the probation violation hearing will depend on several factors, including:

The severity of the violation
Your compliance history
Mitigating circumstances that led to the violation

According to the Texas Center for Justice & Equality at the link above, over 70% of probation revocations in some Texas counties are due to technical violations, such as missing a scheduled meeting with a probation officer, failing to obtain or maintain a job, violating a curfew, and failing to attend a required class. You should not participate in a probation violation hearing without a skilled probation violation lawyer because there is too much to risk. Your violation can be revoked for a seemingly minor mistake.

How a Texas Probation Violation Attorney Can Help You

Todd Ver Weire, an experienced Texas criminal defense lawyer, can provide invaluable support if you are facing a probation violation accusation, including:

Investigating the allegation: Todd will carefully review the details of the alleged violation and gather evidence to support your case. This might involve interviewing witnesses, challenging the validity of a drug test, or questioning the accuracy of the violation report.
Developing a defense strategy: Based on the specifics of your case, Todd will create a strong defense strategy to fight the alleged violation. This may involve demonstrating that the violation was not willful, presenting evidence of mitigating factors, or negotiating with the prosecutor for a more lenient outcome.
Representing you in court: Todd will represent you at your probation violation hearing and advocate aggressively on your behalf. He will present evidence, argue your case, and protect your rights throughout the proceedings.
Negotiating with the prosecutor: In some cases, it may be possible to negotiate with the prosecutor for a more favorable outcome. Todd can use his experience and negotiation skills to attempt to minimize the potential legal consequences you face.
Preserving your rights: Probation violation hearings can be complex, and legal mistakes can have serious consequences. Todd will ensure that all rules are followed to protect your rights.

Why Choose the Law Office of W. Todd Ver Weire?

Choosing the right lawyer after a probation violation accusation is critical for protecting your rights and defending against the allegations of probation violations. Attorney Todd Ver Weire stands out for several reasons, including:

Experience: Our probation violation attorney has over 30 years of experience representing clients in criminal defense and probation violation cases, with a proven track record of success in achieving favorable outcomes.
Knowledge: We possess in-depth knowledge of Texas probation laws, procedures, and court practices, allowing us to navigate the legal system effectively on behalf of our clients.
Dedication: We are dedicated to providing compassionate and zealous advocacy for our clients, working tirelessly to protect their rights and achieve the best possible results.
Client-centered approach: We prioritize our clients’ needs and interests, providing personalized attention, clear communication, and honest advice throughout the legal process.
Results-oriented: Our primary goal is to achieve positive client results through negotiated resolutions or aggressive courtroom representation.

Tips for Avoiding Probation Violations

Avoiding a probation violation is crucial if you serve a probation sentence in Texas because a violation can result in severe consequences. Tips for avoiding violating your probation include:

Fully understanding the terms of your probation
Following the guidelines set forth by your probation officer and the court
Attend ALL meetings wth your probation officer
Avoiding criminal activity
Abstaining from drugs and alcohol
Attending required programs
Complying with drug and alcohol testing requirements
Keeping documentation and records of your probation-related activities
Communicating with your probation officer
Respecting court orders and conditions of your probation
Seeking legal guidance from a knowledgeable criminal defense lawyer

By following these tips and maintaining strict compliance with your probation requirements, you can reduce the risk of a probation violation and work toward completing your probation sentence.

Contact Us Today

If you are accused of a probation violation in Texas, do not face the legal system alone. Contact W. Todd Ver Weire as soon as possible to schedule a free consultation with our experienced criminal defense lawyer. He will listen to your concerns, explain your rights, and develop a strategic defense plan to protect your freedom and future after an allegation of probation violation.