Probation is a punishment that a defendant may receive after being found guilty of a crime. When receiving an order of probation in Texas, the defendant is essentially under court supervision for the length of that order. As explained by criminal defense lawyers, they must abide by the rules set forth in the probation order and have good behavior during its entirety.
Those who fail to adhere to this supervision by engaging in restricted or unlawful activities are said to be in violation. Criminal defense lawyers warn that defendants who violate these orders could face harsher penalties as a result.
What If A Defendant Violates Their Probation?
Defendants who violate their probation could face a number of situations depending upon the severity of the violation and the nature of their conviction. For a minor issue such as a traffic ticket, a probation officer might choose to do nothing, even though criminal defense lawyers know that the actions of their client were technically considered a violation of probation.
Yet more serious issues, such as those that indicate the defendant is not keeping out of trouble, could result in an extension of the order, additional restrictions, or even revocation of probation.
What Is Considered A Probation Violation?
Criminal defense lawyers are often able to secure probation for their clients as a gesture of good faith by the defendant, so violations are treated very seriously. Probation orders differ in every case depending on the crime committed, the individual defendant, and other details about the conviction. Generally speaking, criminal defense lawyers find most violations may include the following:
- Missed appointments with probation officers.
- Failure to adhere to counseling or community service requirements.
- Providing false urine tests or failing to comply with random testing.
- Failure to pay court costs or other associated fees.
- Failure to abide by any other specific rules or restrictions outlined in the supervision order.
- Failure to avoid additional criminal behavior.
What If A Defendant Violates Probation?
Adhering to the restrictions stated in probation orders should be feasible for most people; however, everyone can make a mistake. Unfortunately as most criminal defense lawyers know, some people will knowingly take advantage of their probation and find themselves in more trouble than their initial complaint and conviction.
Regardless of the reason why the violation occurred, anyone charged with one must immediately contact an attorney who can help them. For any chance of avoiding a revocation or more severe penalties such as jail time, defendants will need legal assistance.
The best advice that criminal defense lawyers have for anyone who has been granted a probation order in Texas is to obey the order and avoid additional legal issues. When the court decides to give an individual a chance to prove their ability to stay out of trouble, he or she should make doing so a priority. Yet should a violation occur, defendants must contact an attorney who can help!
Garza & Elizondo, LLP
680 East St. Charles St, Suite 600
Brownsville TX 78520
1393 East Alton Floor Blvd, Suite 12
Brownsville TX 78526