Probation Violations
Probation violations can be broadly classified into two categories: technical and substantive. Technical violations involve failing to comply with the specific conditions of probation, such as missing a meeting with your probation officer, failing to pay court fines, or failing to complete community service. Substantive violations, on the other hand, involve committing a new criminal offense while on probation.
Technical Violations
Technical violations are often considered less severe than substantive violations. The consequences of a technical violation may include:
- Additional probation conditions, such as increased drug testing or curfews
- Extension of the probation period
- Sanctions, such as community service, fines, or jail time
Substantive Violations
Substantive violations are considered more serious than technical violations. The consequences of a substantive violation may include:
- Revocation of probation
- Reinstatement of the original sentence, which could include imprisonment
How a Defense Lawyer can Help
A Dallas criminal defense lawyer can provide valuable assistance in navigating the complexities of probation violation proceedings. They can:
- Conduct a thorough investigation: Your lawyer will gather evidence, interview witnesses, and review your case to determine the best course of action. They will also assess the strength of the prosecution’s case and identify any potential weaknesses.
- Challenge the alleged violation: They will carefully examine the evidence against you and identify any inconsistencies or procedural errors that could undermine the prosecution’s case. Your lawyer will also challenge the allegation of a probation violation if they believe it is unfounded.
- Advocate for leniency: If a violation is found, your lawyer will argue for the least severe consequences, such as modifying probation conditions or extending the probation period. They will also present evidence in mitigation, such as your good character, employment history, and community involvement.
- Protect your rights: They will ensure that your rights are protected throughout the proceedings, including your right to a fair hearing, your right to confront your accusers, and your right to remain silent. Your lawyer will also be your advocate in court, ensuring that your voice is heard.
Take Probation Violations Seriously
Probation Violations should be taken very seriously by Defendants. Do not hesitate to contact a Criminal Defense lawyer if the State of Texas has filed a motion to revoke or a motion to adjudicate your probation.
If a person is on Deferred Adjudication probation, they are open to the full range of punishment and are risking a final conviction. If a person is on “straight” or “regular” probation, the judge is limited to the sentence originally imposed at the time the person was placed on probation.
A person on probation can be doing everything right and working very hard on probation but just simply miss a few meetings, classes, payments, etc., and all of that hard work can be thrown out the window.
At a Probation Revocation or Motion to Adjudicate hearing a Judge can:
1) Continue a person’s probation
2) Modify a person’s probation
3) Revoke a person’s probation
Call Clayton Smith to Defend Your Freedom
If you have been arrested for a probation violation, call Clayton Smith today. With 8+ years of experience as criminal defense lawyer, Clayton knows how to handle your cases inside and out.
As a former prosecutor, Clayton knows how the prosecution will investigate and build evidence in your case, as well as how they will argue at trial. Through his years of experience, Clayton has saved his clients thousand in fines, and decades in prison.
Clayton can help you with your probation violation. He will negotiate with the prosecutors to get the best possible solution for your case.
Frequently Asked Questions
Some common defenses to a probation violation include:
- Lack of knowledge of the probation condition
- Inability to comply with the probation condition due to unforeseen circumstances
- Mistake of fact or law
- Entrapment by law enforcement
The potential consequences of a probation violation depend on the severity of the violation and your criminal history. However, potential consequences include:
- Additional probation conditions, such as increased drug testing, curfews, or restrictions on your activities
- Extension of the probation period
- Sanctions, such as community service, fines, or jail time
- Revocation of probation and imprisonment for the original offense
If you are accused of violating your probation, it is important to contact an experienced criminal defense lawyer immediately. Your lawyer can advise you of your rights, investigate the circumstances surrounding the alleged violation, and build a strong defense on your behalf.
Clayton Smith is personally involved in each of his clients’ cases, and is willing to go the extra yard to secure a positive outcome for the people he represents.
Clayton believes in transparency, and will keep you updated and educated on your case throughout the entire process.
