Temple Probation Violation Attorney
Many criminal defendants receive probation instead of a jail sentence. Probation is also known as community supervision, and it typically comes with a long list of conditions, such as regularly meeting with a probation officer and not breaking the law again. Some defendants receive probation as part of deferred adjudication. So long as they complete their probation, the court dismisses their criminal charge.
Any probation violation can lead to revocation, so these accusations warrant attention. Contact a Temple probation violations attorney at The Law office of Katie L. Gomez, PLLC today to schedule a meeting.
Common Terms of Probation
Probation typically comes with a list of conditions, called “terms.” The precise terms you receive will depend on the severity of the crime and your criminal history. However, you must abide by these terms, otherwise you can be found in violation.
Common probation terms include:
- Meeting regularly with your probation officer
- Making restitution to victims (i.e., paying them back for their losses)
- Undergoing drug/alcohol testing regularly or at random
- Performing community service, such as volunteering
- Paying fines or fees to the court
- Giving up any firearms
- Avoiding another criminal arrest
When a judge issues a sentence, you should receive the terms of probation.
What Happens if You Violate Probation?
If a prosecutor suspects a violation, he can go immediately to court and ask that you be arrested. Once arrested, you will be held in the county jail as you wait for your probation revocation hearing.
At this hearing, the prosecutor can present evidence that shows you violated one or more terms of your probation. If the judge agrees that the preponderance of evidence shows a violation, your probation can be revoked, and you might be sent to prison or jail. Alternatively, the judge might release you on probation again but impose stiffer terms, such as more frequent meetings with your officer.
Fortunately, defendants have a right to legal counsel at the revocation hearing, and a seasoned Temple probation violation lawyer can argue that you should still be allowed to remain free.
Defending against Accusations that You Violated Probation
The prosecutor only has to show by a preponderance of the evidence that you committed a violation. Essentially, this means it is more likely than not you failed to follow a term or condition of probation. This standard is much lower than the standard used in criminal trials—“proof beyond a reasonable doubt.”
We can raise many defenses at a revocation hearing. For example, we might show our client did not violate the terms of probation or that the violation was not his fault. For example, he might have failed to meet with a probation officer because he was sick or in the hospital.
We might also argue that any violation was too minor to warrant revocation. For example, a defendant might have missed a couple days of mandatory community service but otherwise have complied with all other conditions. We can argue that the judge should not send our client to jail for such a minor infraction.
Call a Temple Probation Violations Lawyer for a Free Consultation
Don’t resign yourself to time in jail. Regardless of the severity of the alleged violation, defendants should consider all available options and “lawyer up” for their revocation hearing. Contact Katie L. Gomez today for a free consultation.