Meeting the many conditions of probation can be difficult. Deferred probation can be adjudicated or regular probation can be revoked for failing to comply with any of your conditions of probation including not finding employment, failing drug tests, being charged with new offenses, not completing community service or not attending required classes.
Revocation of your probation can mean another loss of your freedom and more stress for your family. At the Denton, Texas, law offices of Boswell Legal Group, we can help.
We encourage our clients to act early when they fear that they may be subject to a probation revocation. If you contact an attorney before the revocation is filed, you may be able to avoid it altogether. Even after your probation revocation has been filed, it may not be too late. We can still help you convince the judge or the prosecution that you are making efforts now. Working with Boswell Legal Group can help you find solutions such as extensions of your probation with additional or revised conditions, or when necessary, negotiating to reduce prison or jail sentences.
The Most Common Reasons for Probation Revocation in Texas
The violations that most commonly result in a probation revocation in the state of Texas include, but are not limited to:
- Failure to Report
- Failure to Complete Required Community Service
- Failure to Compete Required DWI/Drug Classes
- Failure to Take or Pass a Required Drug Test
- Committing a New Offense
Of these, failure to report is one of the most common. In the state of Texas, judges and officers take a very hard line on failing to report, so it’s best to report – even if you are sick. In a situation where it is truly impossible for you to report, you need to do your best to document your attempts at reporting and make sure you do show up and report as soon as you possibly can. Do whatever you can – call, fax, write – to let your probation officer know exactly what is going on and why you are not there. Though you cannot use this in your defense, it may help your case.
Another common violation in the state of Texas is failing a required drug test. However, there are treatment options available. It’s in your best interest to use these to ensure your continued freedom. If you believe you have experienced a “false positive” with a failed drug test or believe you’ve been bullied by your probation officer into confessing to drug use, give our office a call so we can discuss your legal options.
How a Probation Revocation Works in Texas
If the court or your probation officers decides to file a motion to revoke, here is what you can expect to happen next:
- Upon your violating probation, a revocation is filed against you. Once you fail to appear, pass or drug test, or commit another violation, your probation officer will file a revocation against your probation.
- The State of Texas Files a Motion to Revoke Your Probation. The County or District Attorney’s office that handled your parole will file the case. This filing would include a list of reasons from the prosecutor or your probation officer for the revocation of parole.
- A Judge Will Sign an Order to Arrest You for Violating the Conditions of Your Probation. Attached to the motion to revoke that your probation officer or prosecutor filed is an order of arrest. The next step is that the judge signs this order and the police pick you up and bring you in.
- The Hearing for the Motion to Revoke Takes Place. The court sets a date and then holds a hearing to decide whether or not the motion to revoke will be granted. The judge will want to hear your side of the stories and be interested in all kinds of details about your case.
The outcome of the case will either result in your probation being revoked or continued. It is vitally important that you seek representation from a qualified probation attorney who knows the law and can represent your case fully during the hearing and other proceedings.
Negotiation is Critical in Probation Revocation Matters
The key to success in adjudication or probation revocation proceedings is to hire a skilled attorney. At Boswell Legal Group, we are experienced negotiators. As former assistant district attorneys, we know how the prosecution works, and understand the strength and weaknesses of various arguments.
Schedule A Free Consultation
If you are facing an adjudication or the revocation of your probation, acting quickly can help preserve your freedom. We are available at 940-382-4711 for a free initial consultation.