Things to Consider When You Are Accused of Violating Your Probation
According to in-depth research, up to 4,357,700 people were accused of probation violation in 2019. If a police prosecutor suspects you of violating probation, they may issue a warrant for your arrest. The officer may sentence you to the county jail until your scheduled revocation hearing.
In such delicate cases, it’s essential that you take every step carefully and never without legal guidance. To better understand how you approach probation, you need to learn its consequences and the ways that a probation violation lawyer can help.
A Quick Glance at Being Accused of a Probation Violation
If an officer suspects you of violating the terms of probation, they may either file a motion to either revoke or adjudicate. It mainly depends on the kind of probation violation the officer accuses you of.
Here’s a closer look at various examples of probation violations:
- Unpaid fines
- Refusing to take a drug test
- Testing positive for alcohol or drug
- Contacting a prohibited person
Remember, a police officer may issue a warrant against you without notifying in advance or hearing you in court. If you find yourself in this situation, remember that you have the right to:
- Enter a plea in response to the violation
- Present evidence in defense of your violation
- Seek legal representation
The Different Types of Probations
Violating probation varies from consuming drugs and alcohol to failing to report to your officer. In Texas, probation violations are of two main types:
- Deferred Adjunction Probation: This occurs when the court delays your conviction and dismisses it once you satisfy the terms of the probation
- Straight Probation: This takes place whenever the court finds you guilty but allows you to serve community service instead of serving jail time
What Happens When You’re Accused of Violating Your Probation for the First Time
If you violate probation, the judge may issue a warrant without a bond, meaning you’ll have to hire a probation lawyer and request the judge to set a bond.
Even if you’re violating probation for the first time, the court can issue a warrant to arrest you. This is valid for both felonies and misdemeanors and mainly depends on the severity of the violation.
If it’s your first misdemeanor probation violation and it isn’t severe, it’s improbable the court will warrant you a lengthy jail sentence. In most cases, the judge will warn you of the consequences of a second violation of probation. They may even increase the length of the term of your probation or change its conditions.
Violating probation for the first time as a felony offense can result in more severe consequences. The judge may revoke your probation, but keep in mind that the punishment typically depends on the seriousness of the violation.
Hiring a Probation Violation Lawyer
You may need a probation violation lawyer for one of the following four reasons:
- You think you have violated probation and have not received a notification
- Your probation officer told you that you violated the probation and may file a motion to revoke
- You received a notice that an officer has issued a warrant for your arrest
- You have a motion to revoke coming up, and you want a lawyer to combat the motion
The Bottom Line – Can Your Probation End Early?
Some courts offer people in good standing the ability to end their probation early. To get this opportunity, you need to avoid violations and successfully complete classes and requirements before the deadline. In addition, make sure you pay your fines early to increase your chances.
Although this decision depends on the court’s discretion, you must discuss it with your attorney. At The Huerta Law Firm, we aim to make your life easier by finding ways to adjust your probation terms.
Contact our expert probation violation lawyers to get legal guidance about a first or second violation.