If you’ve been convicted of a crime in Texas but were fortunate enough to have your criminal defense lawyer negotiate a sentence of probation, it’s essential to understand how probation works and that it can be revoked.
Probation is a second chance to prove to the court that you can be trusted to adhere to its rules and that your criminal defense attorney was right to request this sentence.
Since failing to do so could result in your probation being revoked, it would be wise to know what causes probation to be revoked in order to avoid this situation and get through it flawlessly!
What Is Probation?
Probation is a criminal sentence received after being convicted of some type of crime.
If this is what has happened to you, probation is usually assigned immediately after your criminal defense lawyer has negotiated for it or it could be assigned after part of a prison sentence has been served.
Probation is a preferred sentence when possible, as it enables defendants to remain as functioning members of society while serving a form of punishment for his or her conviction.
You can still live at home, go to work, and lead a mostly normal life, at least so long as you adhere to the rules of probation.
Those rules usually include regular check-ins with a probation officer, random drug testing, community service, avoiding additional criminal charges, and other applicable rules and restrictions.
What Causes Probation To Be Revoked?
When your criminal defense attorney negotiates for probation, they do so based on your promise to follow all the rules set out for the required length of time.
Probation violations will result in the court filing to revoke probation and assign additional punishment to your sentence.
Texas defense lawyers stress that some of the reasons probation could be revoked include:
- Missing appointments with your probation officer.
- Not showing up to do community service.
- Positive urine drug screenings.
- Failure to pay court fees and fines on time.
- Additional arrests or involvement in new crimes.
- Possessing a firearm if yours has been relinquished during probation.
Can Your Probation Revocation Be Stopped?
If it is thought that you have violated probation, a motion to revoke or MTR will be filed by the court and an arrest warrant issued.
When arrested and brought to jail, it’s essential to immediately contact your criminal defense attorney again for assistance.
Misdemeanor arrests may be entitled to release on bond; however, with a felony, you may be detained without bond until a revocation hearing can be scheduled and heard.
A revocation hearing is conducted like any other criminal hearing, where the prosecutor has the burden of proof to show that you did indeed violate probation.
If they are unable to prove any kind of violation, probation will continue as assigned.
If the prosecution does prove that a violation has occurred, then a decision remains to actually revoke probation and sentence you with jail or prison time or to continue probation but with increased rules and restrictions.
Probation Negotiations Need A Criminal Defense Attorney
Probation is a preferred sentence that could be assigned after conviction if your defense lawyer is successful with his or her negotiations.
The best advice is to abide by all Texas probation rules and avoid a violation and possible revocation.
Should you be arrested on suspicion of violating probation, your best chance of a positive outcome is to once again work with an experienced criminal defense attorney!