Denton County Probation Violation Lawyer

A probation violation is one of the fastest ways to end up in jail — even if your underlying case never went to trial. If your probation officer has filed a report or you’ve received notice of a Motion to Revoke or a Motion to Adjudicate, you are facing a court proceeding where a judge alone decides your fate. There is no jury. The rules of evidence are relaxed. And the State only needs to show it’s more likely than not that you violated a condition of your community supervision.

At Varghese Summersett, we know Denton County courts, and we know how prosecutors there build these cases. Our firm has more than 100 years of combined legal experience, including attorneys who previously served as prosecutors in Denton County itself. We have a team of 70+ legal professionals and five board-certified attorneys on staff. The firm has secured more than 1,600 case dismissals and 800+ charge reductions across all practice areas. When your freedom is on the line, experience like this matters.

One attorney on our team, Ashley Feldt, served as an Assistant District Attorney in both Denton County and Dallas County before joining our criminal defense division. She understands exactly how the Denton DA’s office approaches probation revocations — and she uses that knowledge to defend clients facing these very allegations.

You've Seen Us On

What Counts as a Probation Violation in Texas?

Probation — formally called community supervision in Texas — comes with a list of conditions set by the court. Some are standard for every case. Others are specific to the offense or the individual. Violating any one of those conditions, even a minor one, gives the State grounds to file for revocation.

The most common violations in Denton County cases include failing a drug or alcohol test, missing a required check-in with your probation officer, failing to pay court-ordered fines or fees, picking up a new criminal charge, leaving the state without permission, not completing required community service hours, and failing to attend required counseling or treatment programs.

Some people are shocked to learn that a technical violation — something as routine as missing a single appointment — can result in their probation being revoked. This is why it’s so important to take any notice from your probation officer seriously, even before the State formally files a motion.

Deferred Adjudication vs. Regular Probation: Why the Difference Matters

Texas has two types of community supervision, and the consequences of a violation differ significantly depending on which type you have. You can learn more in our detailed guide to probation and deferred adjudication in Texas.

If you are on regular probation, you were convicted at the time you were placed on community supervision. A violation triggers a Motion to Revoke Probation (MTR). If revoked, the judge can impose any sentence within the range that was already assessed — but cannot exceed it.

If you are on deferred adjudication, your case was deferred, meaning you were never formally convicted. A violation triggers a Motion to Adjudicate (MTA). If adjudicated, the judge has full discretion to impose any sentence within the punishment range for the original offense — up to the maximum. This is what makes a deferred adjudication violation potentially more serious than a violation of regular probation.

For more detail, see our statewide resource on deferred adjudication in Texas.

What the Law Requires: Legal Framework for Probation Violations in Texas

Community supervision in Texas is governed by Chapter 42A of the Texas Code of Criminal Procedure. Under CCP Art. 42A.751, a judge may revoke community supervision if the State proves that a defendant violated a condition of supervision. For deferred adjudication cases, CCP Art. 42A.108 governs motions to adjudicate guilt.

For the State to succeed, it must prove each alleged violation by a preponderance of the evidence — meaning it is more likely than not that the violation occurred. The State bears this burden. Unlike a criminal trial, the defendant is not entitled to a jury. A judge alone decides the outcome at a revocation hearing.

The elements the State must establish are straightforward:

• The defendant was lawfully placed on community supervision
• A specific condition of supervision existed
• The defendant violated that specific condition
• The violation occurred during the term of supervision

Because the standard of proof is lower than in a regular criminal trial, the State has an easier path to revocation. This is precisely why having an aggressive Denton County probation violation lawyer matters. Challenging even one element of the alleged violation can change the outcome.

It is also important to understand that the defendant carries no burden to prove innocence. The State must make its case. Your attorney’s job is to challenge that evidence, expose weaknesses in the proof, and present mitigating circumstances the court should consider before imposing punishment.

Penalties If Your Probation Is Revoked in Denton County

If the judge revokes your community supervision, the consequences depend on the nature of your underlying charge and the type of probation you were serving.

• Class A Misdemeanor: Up to 1 year in county jail
• Class B Misdemeanor: Up to 180 days in county jail
• State Jail Felony: 180 days to 2 years in state jail
• Third Degree Felony: 2 to 10 years in prison
• Second Degree Felony: 2 to 20 years in prison
• First Degree Felony: 5 to 99 years or life in prison

On a deferred adjudication revocation, the judge has full discretion to sentence anywhere within the punishment range for the original offense. This means a person who received deferred adjudication on a first-degree felony faces the real possibility of decades in prison if the motion to adjudicate is granted.

Beyond incarceration, a revocation can result in significant fines, a permanent criminal record (especially on deferred adjudication cases, where adjudication means a new conviction), and the loss of a host of collateral rights including the ability to own a firearm, hold certain professional licenses, and qualify for certain government benefits.

Bond After a Probation Violation in Denton County

When a Motion to Revoke or Motion to Adjudicate is filed, a warrant is typically issued for the defendant’s arrest. Unlike a typical arrest, there is no automatic right to bail in a probation revocation case. The decision to set bond — and the amount — is entirely within the judge’s discretion.

In practice, some Denton County judges will set a bond on a probation violation warrant, particularly if the alleged violation is technical rather than the result of a new criminal offense. Judges generally consider the nature of the violation, the defendant’s history on supervision, ties to the community, and the severity of the underlying offense. Bond amounts vary depending on these circumstances.

If you or a loved one is in custody at the Denton County Jail on a probation violation warrant, contacting an attorney quickly is essential. An attorney may be able to seek a bond hearing or negotiate conditions of release with the court.

Defenses to a Probation Violation Allegation

The fact that the State has filed a Motion to Revoke does not mean the outcome is predetermined. There are meaningful defenses available, and the right attorney will scrutinize every element of the State’s case.

Challenging the alleged violation directly. If the State alleges a failed drug test, your Denton County probation violation lawyer can challenge the reliability of the testing method, chain of custody, or whether the result was properly reported. If the allegation is failure to pay fines or fees, financial inability to pay is a recognized defense — the State must show the failure was willful, not simply a function of poverty.

Disputing the sufficiency of proof. The State must actually prove each violation. If the evidence is thin — a probation officer’s oral report with no documentation, for example — your attorney can argue the State has not met even the preponderance standard.

Presenting mitigating circumstances. Even when a violation is not disputed, the judge retains discretion over what to do about it. A skilled Denton County probation violation lawyer can present the full picture of a client’s situation: employment, family responsibilities, treatment progress, and the steps taken to remedy the problem. Judges in Denton County, like elsewhere in Texas, frequently modify rather than revoke probation when defense counsel makes a compelling case for a second chance.

Negotiating a modification instead of revocation. In many cases, the best outcome is not outright dismissal but a negotiated modification — additional conditions, an extension of the probation term, or a short jail sanction in lieu of full revocation. Our attorneys have extensive experience negotiating these outcomes directly with Denton County prosecutors.

Our comprehensive guide to probation in Texas outlines the full range of options and outcomes for people facing supervision-related proceedings.

The Legal Process: What to Expect in Denton County

Probation violation cases in Denton County move through the district courts in the Denton County Courts Building. The judge who presided over your original case will typically also preside over your revocation hearing. This is another reason local knowledge matters — understanding a specific judge’s tendencies, priorities, and track record on revocation cases is a genuine advantage.

Here is a general overview of how the process unfolds:

1. Warrant issued. When the probation officer files a violation report and the State accepts it, the court issues a capias warrant for the defendant’s arrest.
2. Arrest and initial hearing. The defendant is taken into custody, typically booked into the Denton County Jail, and brought before a judge. Bond may or may not be set at this stage.
3. Motion filed. The State formally files a Motion to Revoke Probation or Motion to Adjudicate. The motion specifies each alleged violation.
4. Pre-hearing negotiations. Before the formal hearing, defense attorneys and prosecutors often negotiate. Many cases resolve through agreed modifications rather than contested hearings.
5. Revocation hearing. If the case does not resolve by agreement, a hearing is held before the judge. The State presents evidence. The defense challenges that evidence and presents its own. The judge rules.
6. Disposition. The judge may continue supervision as-is, modify the conditions, revoke and impose a sentence, or in some circumstances, sentence to jail as a condition of continued probation (sometimes called “shock probation”).

For defendants on deferred adjudication, there is one critical limitation: once the State files a motion to adjudicate, the defendant generally cannot appeal the judge’s decision to adjudicate guilt — only the punishment itself. This makes getting ahead of the process before a motion is filed vitally important.

You may also be eligible for early release from probation in Texas under certain circumstances. An attorney can evaluate whether you qualify and file the appropriate motion if you do.

What to Expect From Varghese Summersett

When you hire Varghese Summersett to handle a Denton County probation violation, you are not getting a first-year attorney handed your file. You are getting a team with real depth — attorneys who have stood in the same courtrooms, worked across the table from the same prosecutors, and handled these exact types of cases many times over.

Ashley Feldt, a member of our criminal defense team, spent years as a prosecutor in Denton County before joining our firm. She understands how the DA’s office evaluates violation reports and what it takes to convince prosecutors and judges to give clients another chance. Her perspective from both sides of the courtroom is an asset to every client she represents.

The firm as a whole brings more than 100 years of combined legal experience to every case. We have five board-certified attorneys. We have secured more than 1,600 case dismissals and 800+ charge reductions. We operate four offices across the DFW area and serve Denton County clients with the knowledge that comes from daily work in North Texas courts.

Here is what working with us looks like:

• A thorough review of the allegations, including the probation officer’s report and supporting documentation
• An honest assessment of the strength and weaknesses in the State’s case
• Early outreach to the Denton County DA’s office to explore resolution before a formal hearing
• Aggressive cross-examination of State witnesses if the case goes to a hearing
• Presentation of mitigating evidence — employment records, treatment participation, family support letters, and more — to show the judge who you are beyond the allegation
• Clear communication throughout the process so you always know where your case stands

We understand what is at stake. A revocation can cost you your job, your family stability, and years of your life. We treat these cases with the seriousness they deserve.

Reach out to our Denton team at (940) 252-2220 to speak with a skilled Denton County probation violation lawyer about your situation.

Award-Winning Legal Excellence

Ask Varghese Summersett AI

Versus-AI has been taught everything from our website and is here to help you find the answers you need. Ask Versus-AI anything.

Watch: What Happens If You Violate Your Probation in Texas?

Our attorneys answer this question directly in the video below. Watch to understand how the revocation process works, what the State must prove, and what options you may have.

Frequently Asked Questions About Denton County Probation Violations

Can I be arrested immediately when a probation violation is reported?

Yes. Once a Motion to Revoke or Motion to Adjudicate is filed and the court issues a warrant, you can be arrested at any time. If you have reason to believe a violation is being reported, speaking with an attorney before a warrant issues may give you options — including a self-surrender arrangement that can reflect well in front of the judge.

Do I have the right to a jury trial at a probation violation hearing?

No. Under Texas law, revocation hearings are decided solely by a judge. There is no right to a jury. This makes the skill of your attorney — and the quality of the mitigating evidence presented — especially critical to the outcome.

Can the judge modify my probation instead of revoking it?

Yes. Judges have broad discretion in how they handle violations. Common modifications include adding community service hours, requiring additional treatment, extending the probation term, or imposing a short jail sanction as a condition of continued supervision. Our attorneys regularly negotiate these outcomes on behalf of clients in Denton County.

What happens to my deferred adjudication if probation is revoked?

If a Motion to Adjudicate is granted on a deferred adjudication case, you are convicted for the first time on the underlying offense and the judge sentences you within the full punishment range. This means a permanent criminal conviction on your record and potential prison time up to the maximum for that charge. It also generally eliminates future eligibility for an expunction of that offense.

Is there any way to get off probation early in Texas?

In some cases, yes. Texas law allows a judge to terminate community supervision early if you have completed at least one-third of the supervision period, paid all required fines and fees, and are in good standing. Our attorneys can evaluate whether you are eligible and file a motion on your behalf. Learn more in our guide to early release from probation in Texas.

A probation violation motion is a serious matter, but it is not the end of the road. Varghese Summersett has the experience, the local knowledge, and the legal firepower to fight for you in Denton County courts. Call us at (940) 252-2220 — we’re available 24 hours a day, 7 days a week.