The Consequences of
If law enforcement or prosecutors suspect a probation violation, they can file a motion to revoke or adjudicate probation in court. Upon filing the motion, an arrest warrant will be issued by the Texas court. The alleged violator will be arrested and held in county jail until a revocation hearing can be scheduled.
In Texas, the revocation hearing is held by a judge. During the hearing, a prosecutor from the District Attorney's office will attempt to prove that there was a probation violation. Your attorney will help challenge the prosecutor's case and argue that you didn't violate any terms of your probation. Possible outcomes from the revocation hearing include:
- No Probation Violation - Probation resumes.
- Probation Violation – Probation is revoked, and the defendant is sent to jail.
- Probation Violation – defendant is released, but the rules of probation become much stricter.
If convicted of a probation violation, your punishment will depend on the type of probation you have violated.
- Straight Probation: The defendant will be sentenced to serve the remaining punishment in their original plea. In some cases, the defendant may have to serve the entire sentence.
- Deferred Adjudication: The defendant may be facing the maximum punishment under the applicable Texas statute.
However, you may be facing brand new criminal charges if your violation involves committing a new crime.
Work With a Skilled Attorney
At the end of the day, every case is unique and the outcome of the revocation hearing often depends on the terms of the probation that were allegedly violated. Attempting to defend your probation violation charges on your own could increase your risk of receiving the maximum penalties. If you are found guilty, your probation could be revoked and you could be sent straight to jail. Therefore, when facing probation violation charges, retaining a knowledgeable criminal defense attorney who can provide comprehensive legal counsel and experienced representation is crucial.
Attorney Tom Cox has the legal experience and resources to successfully represent clients in their probation violation cases. As your legal counsel, he can evaluate every last detail of your case, carry out a thorough investigation, represent you in court, and dispute the charges against you.
Tom Cox can also fight diligently for a modification of probation terms or help negotiate an alternative penalty. With him on your side, you can rest assured that your case is in good hands. If you or someone you know has been charged with a probation violation, call or reach out to the Law Office of Thomas R Cox today for help.