You have already faced the legal system once. That’s why the court put you on probation. Unfortunately, it can be very easy to do something that violates your agreement with the court. If the court finds you violated your probation, you could lose custody of your children, spend more time on probation, go to jail, and/or have to pay fines.
This is a very scary situation, but you aren’t alone. Meet Attorney Jay Cohen. He’s lived in the Houston area for most of his life, and in the years he’s served clients, he’s gotten countless cases dropped, reduced, or dismissed. A Houston criminal defense lawyer from our firm can fight to protect your good name and preserve your future.
Call Blass Law today to explore your options and learn about partnering with our criminal defense law firm.
What Is Straight Probation?
The terms of probation (and the terms surrounding probation) can be confusing, which is why it’s easy to violate. We want to help you understand the terms you might hear when discussing probation.
Straight probation vs. deferred adjudication:
- Straight probation is when a defendant is convicted of a crime, but a judge suspends the jail sentence. The defendant agrees to abide by certain terms of probation, and if they complete these terms, they don’t need to go to jail.
- Deferred adjudication is when a defendant pleads guilty or no contest, and the judge puts off (defers) a finding of guilt. The defendant agrees to abide by certain terms of probation, and if they complete all the terms, the defendant is never convicted of the offense.
What Are Probation Conditions?
The conditions of probation depend on the specifics of your situation. However, common conditions include:
- Not drinking or doing drugs
- Regularly meeting with your probation officer
- Not spending time with people engaged in criminal activity
- Not spending time with people previously convicted of crimes
- Not spending time with previous criminal associates
- Performing community service
- Paying fines or restitution
- Staying within the state
What Constitutes a Probation Violation?
You could be charged with a probation violation for any of the following:
- Failing to show up to an appointment with your probation officer
- Failing to show up to a court date
- Lying to your probation officer
- Failing a drug or alcohol test
- Not completing your community service duties
- Failing to pay fines you owe
- Getting charged with a new offense
- Leaving the state without getting approval first
- Spending time with people who are committing illegal acts
- Spending time with people previously convicted of crimes without running it by your probation officer first
- Failing to report an encounter with police to your probation officer
If a motion for revocation is filed, our Houston probation violation defense lawyer will fight aggressively to keep you from going to jail. You have a right to a hearing, and you have a right to stand up and fight these criminal charges.
What Happens If I Am Accused of Violating My Probation in Houston?
If you are accused of violating the terms of your probation (also known as community supervision), you risk the following:
- Extending the terms of your probation
- Making the terms of your probation worse for you
- Ending up in jail for your original offense
- Adding jail time or a prison sentence if you allegedly violated probation by committing another offense
What happens to you can depend largely on the type of alleged probation violation: technical or substantive. A technical violation is failing to abide by a condition of your probation (e.g., failing a drug test). A substantive violation is a new criminal offense (e.g., getting arrested for DWI while on probation for drug possession).
A Houston probation violation attorney from Blass Law can help you determine how your probation violation may affect you and your future.
After you have been reported for violating your probation, the prosecutor will likely file a motion to revoke your probation. Once the judge has reviewed the motion, they will determine whether you violated your probation. They will either issue a bench warrant for your arrest or issue you a notice to appear.
Probation Violation Hearing
It’s important to note that you have the right to a probation revocation hearing. At your hearing, your probation violation attorney in Houston will establish why you did not violate your probation.
This hearing does not include a jury of your peers. Instead, your criminal defense attorney and the prosecution will argue their sides to the judge. The judge then determines whether you violated your probation and, if so, whether your probation should remain the same, be extended, be revoked, or have additional terms added to it.
If your probation is revoked, the judge could order you to serve out what would have been your original sentence.
If this is your first time being accused of violating probation, you may still have options to avoid jail and get back on track. A Houston first offense probation violation lawyer can help you present your case clearly to the court and push for a second chance.
What Challenges Will I Face in My Probation Violation Case?
When you were convicted of your charges, the prosecution was required to prove your guilt beyond a reasonable doubt. That same standard does not apply to probation violations.
Instead, the prosecution must simply prove that you violated your probation terms by a “preponderance of the evidence.” This essentially means they must prove it is more likely than not that you violated your probation. This is much easier to establish than guilt beyond a reasonable doubt.
Another challenge you can face in a probation violation case is that it is incredibly easy to violate your probation. Most people think of probation violations as drinking alcohol, doing drugs, or committing new crimes. However, a probation violation could be as simple as hanging out with your uncle who has a felony conviction.
How Could I Benefit from Working With a Houston Probation Lawyer from Blass Law?
The last thing you want is to face the court system with an inexperienced attorney. Let Jay Blass Cohen be by your side for this fight. He’ll examine all of the details of your case and will use sound fundamentals to guide you through this often confusing and scary process.
With Jay Cohen’s advocacy, our team will:
- Keep you informed throughout your case
- Fight as hard as we can to get a favorable outcome for you
- Provide the legal services you deserve
- Gather evidence to support your case
- Explain your next steps
- Outline your legal options
- Defend you in Harris County criminal court
Your future’s on the line. You can’t afford to take chances or put your case in the hands of an unqualified individual. You want someone who puts your future first, and that’s exactly what you can expect from our Texas criminal defense law firm. Call us today and get a team dedicated to you, your future, and your freedom.
Begin Your Initial Consultation With Our Criminal Defense Lawyer
If you’re accused of violating your probation, or you just have questions about a potential probation offense, call Blass Law. With our advocacy, you can get much-needed peace of mind and focus on what comes next. The consultation is confidential.