Dallas Probation Revocation Defense

What is probation revocation in Dallas?

If you are on probation (community supervision) in Texas, the last thing you want is to hear the prosecutor, probation officer, or court is trying to “revoke” you. In this article, we will explore what that means and what you can do.

What is a revocation?

A probation revocation occurs when an individual on probation violates the terms and conditions of their probation. The violation can lead to the revocation of the probation and the imposition of the original sentence.

How is a revocation filed?

A probation revocation is initiated by the filing of a formal document known as a Motion to Revoke Probation. This motion is filed by the State of Texas against an individual who is on probation or community supervision. The motion details when, where, and how a probation violation or violations took place.

What happens after a revocation is filed?

A probation violation can quickly turn your life upside down and worsen the original charge. If you’re facing a revocation, you must consult our established Dallas probation revocation lawyer immediately.

Once the motion is filed, an arrest warrant is typically issued. These warrants are not public and individuals are often arrested only when they show up to the probation officer. The individual on probation can then be arrested and held in county jail until a revocation hearing is scheduled. The revocation hearing is held by a judge, not a jury.

Am I entitled to a bond?

If you are on straight probation, you have already been convicted so the judge does not have to set a bond. With that said, most judges will consider allowing you to bond out.

What are the possible outcomes to a revocation?

In a Probation Revocation Hearing in Texas, the terms “True,” “Not True,” and “True-But” are used instead of “guilty” or “not guilty.” Here’s what they generally mean:

“True”: This is similar to pleading guilty in a criminal trial. By pleading “True,” you’re admitting that you violated the terms of your probation as alleged by the prosecutor.
“Not True”: This is similar to pleading not guilty in a criminal trial. By pleading “Not True,” you’re denying that you violated the terms of your probation as alleged by the prosecutor.
“True-But”: This term isn’t standard, but it might be used to admit to the violation while also providing an explanation, justification, or mitigating circumstances for the violation. It’s similar to pleading guilty but offering an explanation for your actions.

A probation officer or the State can request to revoke someone’s probation and sentence them. The judge may agree and sentence them, sanction them, or even reinstate the person on probation.

If a judge revokes your probation, the consequences can be severe.

The severity of the punishment is often directly related to the type of probation infraction. Missing a meeting with your probation officer because your child was sick might result in a sanction and perhaps a night in jail. However, getting charged with a new offense will likely result in extended jail time.

If you or a family member needs a Dallas probation revocation lawyer, the experienced defense team at Varghese Summersett includes Board Certified defense attorneys adept at fighting probation violation cases.

What are common probation violations in Dallas?

Probation violations typically occur when an individual fails to follow the court’s terms and conditions. Common violations include:

Committing a new offense
Missing a meeting with a probation officer
Failing a drug test
Failing to complete community service
Failing to pay fees and court costs (although revocation will generally not be based merely on failure to pay)

A veteran Dallas probation revocation lawyer will ensure their client knows the dangers of any probation violations.

What is a motion to revoke probation?

If the probation officer believes a probationer has violated the conditions of their probation, they file a “Motion to Revoke” with the court through the prosecutor. After the motion is presented to the judge, an arrest warrant is issued, and the probationer is put in custody until the matter is resolved resolution of the matter. Probation violations could jeopardize your freedom and require a skilled Dallas probation revocation lawyer.

What is a motion to adjudicate?

A “Motion to Adjudicate” is similar to a “Motion to Revoke” but occurs when someone is on deferred adjudication. The probation officer files the motion to the court just as a motion to revoke.

A motion to adjudicate asks the court to find the person guilty of the original offense based on their violations of the deferred adjudication conditions. This is necessary because the person has yet to be adjudicated guilty of the original offense. The judge set aside any finding of guilt when they put the person on deferred adjudication. A nimble-minded Dallas probation revocation lawyer will help you sort through the process.

In such cases, these are often two-part hearings. First, the violations are established and ruled upon; second, the court hears testimony and delivers punishment.

Can you get a bond after a motion to revoke or adjudicate is filed?

If you’re on deferred adjudication, in most cases, a Dallas probation revocation lawyer should be able to get a bond set. If you’re serving straight probation, bond is still possible but not always as freely given by Texas judges. Additionally, if negotiations on setting a bond stagnate, the court has 20 days to bring you to court for a hearing under Code of Criminal Procedure 42A.751. That means you could be in jail until the hearing or the judge grants a bond.

What burden of proof is required in a motion to revoke or adjudicate?

The prosecutors must prove in a hearing you violated a condition of community supervision by a preponderance of the evidence. Preponderance of evidence just means a tipping of the scales – even by a feather’s weight. In other words, anything over 50%. One violation is enough for a judge to revoke.

Our Dallas probation revocation lawyer will challenge every allegation in the motion during the hearing.

What happens in a probation revocation hearing?

Probation revocation hearings are brought before a judge, not a jury. Both sides present testimony and evidence, just like in any criminal hearing.
However, probation violations only require a preponderance of the evidence, not beyond a reasonable doubt, like in a criminal trial. A preponderance of the evidence is a much lower standard which means it’s more likely than not that a violation occurred. These weaker standards require an accomplished Dallas probation revocation lawyer to help protect your rights.

During the hearing, the probation officer will likely testify about the probationer’s alleged violations. Prosecutors may include “technical violations,” which include failure to report, failure to pay a fine, or failure to complete community service. The prosecutor could also have testimony regarding a new offense. In most cases, a new arrest will cause revocation.

A new offense can be “proved up” by officers or lay witnesses.
Prosecutors are usually cautious about following up on new offenses because a finding that the allegation is false could collaterally preclude them from charging the probationer separately for the latest arrest. A seasoned Dallas probation revocation lawyer will work every angle to mitigate the punishment.

After the probation revocation hearing, the judge basically has three options:

Continue or reinstate the probation with no changes
Altering the probation, which could include extending it, adding more conditions, tacking on fines, or requiring the probationer to serve time in county jail
Revoke the probation and impose a prison or jail sentence

What is the punishment range for probation revocation?

Deferred adjudication violation: If you’re on deferred adjudication and it’s revoked, the punishment could include the entire range for the original offense. The initial offense is the charge that put you on probation in the first place.

For example, the range of punishment for a second-degree felony is two to 20 years in prison. Suppose a defendant received two years deferred adjudication probation as part of a plea deal for a second-degree felony. In that case, the judge could revoke the probation and sentence them to the maximum.

Probation violation: If you’re on probation, the punishment range is limited to the sentence imposed at the time of the plea or finding of guilt. For example, if you received a five-year sentence probated for 10 years, the maximum sentence a judge could give is five years.

The severity of these punishments is a reminder that serving probation or deferred adjudication, while better than the alternative, is not easy. One minor slip-up could ruin your life.

If you’re facing probation revocation, you should consult a skilled Dallas probation revocation lawyer as soon as possible.

Need a Dallas probation revocation lawyer? Call us.

Probation revocation or motion to adjudicate cases could have life-altering ramifications. Both require you to be represented by the best Dallas probation revocation lawyer.

Both of these scenarios are tricky because it’s usually difficult to get either reinstated after a violation, especially if you had other blemishes during your probation.

Are you facing a probation violation? Call Varghese Summersett for a free consultation, where our defense team will review your case and detail your options. Call us at 214-903-4000.