Collin County Probation Violation Lawyer
If you were put on probation or deferred adjudication probation in Collin County, you were given certain rules that you must follow. So what happens if you violate one – or more than one. Will you go to jail?
The simple answer is, maybe. The punishment for violating probation depends on a number of factors, including the severity of the violation, your prior criminal history, and whether you have had past infractions.
Collin County Probation Violation Lawyer Serving Plano, Allen, Frisco, Prosper and Surrounding Areas
If you are facing probation revocation, the most important thing you can do is contact an experienced Collin County probation violation lawyer. An attorney will review the circumstances of the violation and work to minimize the consequences and, hopefully, keep you out of jail or prison.
In this blog post, our team of experienced criminal defense attorneys will discuss the most common probation violations, potential punishments, and why you shouldn’t try and handle this without a skilled attorney.
What is a Collin County probation violation?
When defendants are placed on community supervision—either straight probation or deferred adjudication—they are required to follow certain rules, which are called the conditions of probation. Standard conditions of probation apply to all defendants on probation, as well as special conditions that may be imposed on an individual basis.
If a probationer violates the conditions of probation—and their probation officer finds out—they will face punishment. How harsh the punishment will be depends on various factors, including the severity of the violation and whether the probationer has had repeated past violations.
What are common probation violations in Collin County?
There are many ways you can violate the terms of your probation. Some of the most common include:
- Failing to report to your probation officer as required
- Failing to pay fines or court costs
- Failing a drug test
- Using alcohol
- Getting arrested for a new crime
- Associating with known criminals
- Possessing a weapon
- Leaving the state without permission
- Skipping counseling sessions or treatment
What can happen if you violate a probation condition in Collin County?
The punishment for violating probation in Collin County will depend on the severity of the violation and how well you have done on probation so far. Your probation officer could give you a warning, ask the judge for sanctions, or file a motion with the court asking the judge to revoke or adjudicate your probation. The latter will put your freedom in jeopardy.
For example, being late to a meeting with your probation officer due to car trouble might result in a warning. Failing an alcohol test could lead to a weekend in jail. Getting arrested on a new charge, however, will likely result in a probation revocation hearing in which you may face prison time.
What are probation sanctions?
Probation sanctions are punishments that can be imposed on a probationer for violating the conditions of their probation. Often, probationers are given several chances and progressive sanctions before a motion to revoke their probation is filed.
Common probation sanctions include:
- Imposing additional conditions, such as drug testing or community service;
- Requiring the probationer to report to the probation officer more frequently;
- Extending the length of probation;
- Requiring the probation to serve weekends or nights in jail.
If you have been accused of violating your probation, it’s crucial to speak with a Collin County probation violation lawyer. An attorney will discuss your options and possible outcomes.
What is a motion to revoke probation?
If your probation officer decides that you haven’t been living up to your end of the bargain, he or she may file a motion to revoke your probation which the prosecutor also signs. The motion will state the violation for which you are accused and will be presented to the judge.
The judge will then issue a warrant, you will be taken into custody and a probation revocation hearing will be scheduled. At your revocation hearing, the prosecutor will present evidence of your probation violation(s) to the judge. The judge will then decide whether or not to revoke your probation and send you to jail or prison.
What is a motion to adjudicate probation?
If a defendant is on deferred adjudication probation (as opposed to “straight probation”) and the probation officer believes he or she violated their probation, the PO will file a “motion to adjudicate” which is also signed by the prosecutor.
This motion is necessary because a defendant who is on deferred adjudication was never found guilty of the underlying offense. In other words, the judge set aside any finding of guilt. A motion to adjudicate asks the court to now find the defendant guilty and determine what punishment is appropriate.
What happens during a probation revocation or adjudication hearing?
The hearing is similar to a trial, but with some key differences. First, the burden of proof is lower. The prosecutor does not have to prove beyond a reasonable doubt that you committed a probation violation. Instead, he or she must prove by a preponderance of the evidence that you violated your probation – that basically means “more likely than not.”
Second, you do not have the right to a jury trial. The judge will hear evidence from both sides and then make a decision.
At the conclusion of the hearing, the judge has three options:
- Revoke your probation and impose a jail or prison sentence;
- Modify your probation which could include extending it, adding more conditions, assessing fines or ordering a short term in the county jail;
- Continue the probation with no changes.
What is the punishment if your probation is revoked?
The punishment depends on the type of probation that you are serving. If you are on deferred adjudication probation, the court can consider the entire range of punishment for the underlying offense. For example, if you are on probation for a third-degree felony, which is punishable by 2 to 10 years in prison, you could face up to 10 years in prison.
If you are on straight probation, the judge is limited to the sentence imposed at the time of the plea or finding of guilt. For example, if you received an 8-year sentence probated for 10 years, the judge is limited to a 8-year sentence on the revocation.
If you have been accused of violating your probation, it’s crucial to speak with an experienced Collin County probation violation lawyer. At Varghese Summersett, our team of skilled criminal defense attorneys have helped countless people facing probation violations. We know what it takes to get the best possible outcome in your case and will work tirelessly to protect your freedom.
How can an attorney help if my probation is violated?
If you are accused of violating your probation, our experienced Collin County probation violation lawyer can help you in a number of ways. First, they can help you understand the accusations against you and what evidence the state has. They can also negotiate with the prosecutor on your behalf to try to reach an agreement to avoid a court hearing and continue on probation. Additionally, they can represent you at a revocation hearing and fight to keep you out of jail or prison.
What are some defenses to probation violations?
There are a number of ways to defend against accusations of probation violations. Some common defenses include:
- The violation was not intentional
- You did not actually violate the conditions of your probation
- There was a misunderstanding or mistake
An experienced Collin County probation violation lawyer may be able to show the court that you deserve a light punishment for your violation by highlighting your overall good behavior on probation.
Contact a Collin County probation violation lawyer today.
If you have been accused of violating your probation, it’s essential to speak with a Collin County probation violation lawyer as soon as possible. Don’t try to navigate the criminal justice system alone – especially when the stakes are high. Your freedom could be on the line. Call our office today at (214) 903-4000 for a free consultation with a Collin County probation violation. We serve clients in Plano, Frisco, Allen, McKinney, and the surrounding areas.
