Probation Revocation

The Law

As a general rule, you must follow all the terms and conditions of probation if you do not want your probation to be revoked. In Texas, the probation officer has the discretion to revoke an offender’s probation under certain circumstances.

A probation officer cannot revoke your probation for no reason. Reasons for revocation of probation vary, but the most common ones are:

• Failure to pay fines and fees;
• Using drugs or consuming alcohol;
• Committing a crime

Punishment

When probation is revoked, you may be sent to jail or prison. However, there is no guarantee that you will be ordered to serve time in jail or prison once your probation is revoked. You still have a chance to defend yourself to remain on probation. For this reason, it is advisable to contact an experienced criminal defense attorney to represent your best interests and challenge the possible revocation of your probation.   

The first thing you may expect when a district attorney files a Motion to Revoke Probation is your arrest for violating the terms of your probation. When you are arrested for a probation violation, you may or may not be released on bond. 

After your arrest, you will attend a hearing in front of a judge. During the hearing, the judge will have to decide whether or not to end your probation and send you to jail or prison. Alternatively, the judge may decide to increase the length of your probation, order you to pay fines, or impose another type of judgment instead of a prison sentence. 

Defense

Facing a probation revocation hearing can be daunting, but preparing a strong defense is crucial. Start by gathering evidence that supports your case, such as witness statements, documents, and any other relevant materials. Review the terms of your probation carefully and understand the specific conditions you are accused of violating.

Consulting The Kiechler Law Firm is highly recommended. A skilled attorney can help you prepare for the hearing, present your case effectively, and understand the potential consequences of probation revocation. They can also develop a strategy to minimize the impact of the revocation, whether by questioning the validity of the evidence against you or arguing that the alleged violation was minor. Proper preparation and legal guidance can significantly influence the outcome of your probation violation proceedings.

The exact language of this law, further details, and additional punishment concerns can be found in Chapter 42A of the Code of Criminal Procedure. None of this information can take place of the information, knowledge, and expertise provided by a licensed attorney.