If you have recently been accused of violating the terms of your probation, it’s important to understand what happens next. Understanding the possible consequences and your legal options can help you make an informed decision on how to defend your interests against these allegations. To help minimize the impact of the alleged violation, a Beaumont probation violation lawyer can help support you and represent you in court.
At Renick Law Firm, PLLC, we help defend clients who are unsure how to respond to a probation violation allegation. Our years of experience in this space have given us a strong understanding of probation law, and we always spend as much time on your case as needed to ensure your rights are protected. Whether we need to negotiate with prosecutors or craft a compelling argument to make your case in court, we are standing by, ready to help.
Some of the more commonly employed defense strategies for probation violation cases focus on challenging the evidence collected and the unique circumstances of what happened. The prosecution will present its case while the defendant tries to combat its narrative by highlighting logical gaps and vulnerabilities in its argument.
Some of the most commonly used strategies include:
One of the most fundamental defense strategies used in these cases is to challenge the quality of evidence stacked against a defendant. The prosecution will be trying to prove that the defendant willfully failed to comply with a specific probation condition. The defense can highlight any case based on hearsay, inaccurate records, or miscommunication between probation officers to raise doubt in their claims. This can help reduce or dismiss the charge entirely.
There are instances when a defendant was unaware they were committing a violation. Sometimes, a defendant unintentionally violates a rule, like a mandatory check-in or maintaining employment, due to confusion or some other circumstance beyond their control. For example, a medical emergency could have prevented a defendant from attending a mandatory check-in meeting, or perhaps they misunderstood the need to notify the court of an address change.
Sometimes, a defendant fully complies with their probation terms, but their actions are misinterpreted. For example, someone might accuse a defendant of missing required community service hours. This perception might exist because the paperwork was not properly processed to log this activity, not because of their inability to fulfill this required probation condition. A criminal defense attorney can clarify this type of misunderstanding.
The courts view probation as an opportunity for a defendant to prioritize personal improvement. If there have been clear signs of progress in any important areas, like employment or addiction recovery, this can be leveraged to a defendant’s advantage. For example, a defense attorney can make the case that their client has maintained steady employment during their probation and should not be judged by one slip in judgment.
If appropriate, a defense attorney may want to make the point that the original terms of probation were unreasonable or improperly imposed in the first place. A common example of this has to do with a probation’s required curfew. If the stated curfew time is in conflict with your work schedule or your ability to complete a rehabilitative program, an attorney can make the point that this condition was not appropriate and, therefore, should not be punished.
One of Texas’s most common probation violations is failing to report to a probation officer. The role of a probation officer is to regularly check in with those on probation to ensure they remain compliant with the terms of their punishment. They will make random phone calls and house checks to make sure nothing unlawful is going on, like someone drinking alcohol or leaving their property when they were ordered not to.
Yes, it is possible to bond out on a probation violation in Texas, depending on how severe the original guilty verdict was and the discretion of the judge. Minor violations are often met with a set bond that will allow a defendant to be released as they are waiting for their hearing. However, if a judge believes a defendant is at flight risk or has engaged in something so dangerous it’s not safe to take a chance on a bond, they may deny this option.
If someone is found guilty of violating the terms of their probation in Beaumont, Texas, there are a few different outcomes that could ensue. First, the court may issue a warning or require you to attend more probation meetings to deter the instance from happening again. In more serious cases, they may try to modify or extend the terms of your probation. If they feel the need to revoke your probation, they could send you back to prison under the terms of the original conviction.
There is not a universal amount of jail time set for people who violate their probation in Texas. Rather, the jail time will be determined based on the nature of the violation. If the court decides to revoke probation, the court will issue either the original jail sentence or a shortened version. If they don’t feel the violation was strong enough to warrant a return to jail, they may simply extend your probation period and warn you not to repeat the same mistake.
If you have been accused of violating the terms of your probation and are looking for legal support, the attorneys of Renick Law Firm, PLLC, are here to help. We know what it takes to investigate these allegations and build a strong defense. We use every resource possible to understand better why this is happening and defend your interests in court. Contact us today to learn more.