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Probation Attorneys in Travis County, Texas

Williamson County Revocation of Probation Lawyers

Austin, TX Probation Violation and Revocation Lawyers

When a person is convicted of a criminal offense, the presiding judge usually has broad discretion regarding the penalties that are to be handed down. In some cases, a conviction will result in a term of incarceration in jail or prison, along with the ordered payments of fines and court costs. In many cases, however, the judge may place an offender on probation, also known as community supervision. Probation may be ordered in lieu of or in addition to incarceration and generally involves a number of terms and conditions. Failing to comply with any of the terms of probation is considered a probation violation, which could have serious consequences for the alleged offender.

If you are facing legal action for an alleged probation violation, the knowledgeable criminal defense team at Morales Law Office, Attorneys at Law, PLLC. is prepared to help you protect your best interests. We understand the seriousness of probation violations, and we know that having your probation revoked could have serious effects on you and your family. Our lawyers will do everything we can to assist you in building an effective defense against allegations that you violated your probation.

Understanding Probation in Midland and Odessa

When deciding whether to place a criminal offender on probation, also known as community supervision, a judge in Texas must consider a variety of factors. These include the nature and severity of the offense, the offender's criminal history, and whether placing the offender on probation would put others in the community at risk. Based on the assessment of the relevant factors, the judge will set the terms of the offender's probation. Depending on the situation, your probation could include terms such as:

  • Meeting regularly with a probation officer
  • Paying the fees associated with probation
  • Paying court costs and fees
  • Completing treatment for drug or alcohol addiction
  • Submitting to random testing for drug or alcohol use
  • Making restitution to victims affected by the offense in question
  • Remaining in your county of residence unless approved by your probation officer
  • Avoiding criminal activity and known criminal associates
  • Giving up your firearms for the duration of your probation
  • Performing community service

It is common for probation to be a part of a plea deal with prosecutors. If you have been charged with a crime, you might be unsure of whether to accept an agreement that includes probation. Depending on the circumstances, you might be eligible for Deferred Adjudication probation, which is a special kind of probation that, if completed successfully, will keep the conviction off of your permanent criminal record. Our attorneys will work with you toward obtaining the best possible outcome for your situation.

Probation Violations and Revocation

Once you are placed on probation, you must abide by all of the terms set by the court. If you are suspected of violating the terms of your probation, the prosecutor will file a motion to revoke probation or a motion to adjudicate probation with the court, and a warrant will likely be issued for your arrest. Upon your arrest, you will be scheduled for a revocation hearing in front of a judge.

At the revocation hearing, a prosecutor from the District Attorney's office will present the state's case that you violated your probation. You and your lawyer will have the opportunity to present your defense as well. It is important to understand that the standard of proof in a revocation hearing is "by a preponderance of the evidence," which means that the state must show that it is more likely than not that you violated the terms of your probation. This is a much lower standard than the "beyond a reasonable doubt" standard used in a criminal trial.

It will be up to the judge to determine whether a violation of the terms of probation occurred. If you are found to have violated your probation, your probation could be revoked, and you could be sent to jail. Depending on the situation, the judge could allow you to remain on probation with increased conditions and terms. If the judge determines that no violation occurred, you will be released, and the original terms of your probation will remain in effect.

Trusted Revocation Attorneys in Central Texas

When you are facing a revocation hearing, it is important to have an experienced attorney on your side. The skilled lawyers at Morales Law Office, Attorneys at Law, PLLC. are equipped to provide the guidance and representation you need to protect your rights and best interests. We will do everything we can to prevent additional penalties or the revocation of your probation.

For more information regarding probation and probation violations, contact our office. Call 512-474-2222 or 432-570-1499 to schedule a free consultation today. We can be reached at any time, including nights and weekends. Our firm serves clients in Travis County, Hays County, Midland County, Williamson County, Ector County, and the surrounding areas. Hablamos Español.

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