Probation Violation Lawyer in Houston, TX

Probation Violations in Fort Bend County

At Carter Law, one question we hear often is, “What is a probation violation”? As with any other defense we offer, these violations have varying severity. Some of the more common violations include:

• Missing curfews
• Failure to report to a probation officer
• Noncompliance with drug testing
• Failing to maintain gainful employment
• Failing to pay fines and court fees

A probation officer may report any of these violations to the court for further adjudication if the probation officers feel it is necessary. In these cases, it is crucial to seek assistance from a probation violations attorney immediately.

Probation Officer Discretion

Probation officers often have much discretion when dealing with defendants who are required to report to them. It is up to probation officers to ensure those on probation are acting according to the terms and conditions laid out by the court. It is also part of the probation officer’s responsibility to determine if someone has committed a probation violation.

Probation officers may opt not to report a minor violation to the courts, or they may recommend that a probationer have their probation revoked if they feel there was a serious violation. They can also recommend modifications to the terms of probation if they feel it is warranted.

A probation violation referred to the court by a probation officer can be complicated, and you must take it seriously. If you have not contacted a lawyer for probation violations, you should do so as soon as possible if you are facing a court hearing for probation violations.

Deferred Adjudication and Straight Probation

A deferred adjudication is a form of probation. This would be offered to a first-time offender or someone who is facing charges which are not very serious. In these cases, a defendant is required to enter a guilty plea. However, the judge will defer that finding until the defendant’s probationary period is complete. If someone completes probation and they have not violated probation, they could potentially have the charges dismissed completely. However, a probation violation could result in jail time for the original offense.

While straight probation is similar in some ways to deferred adjudication, there are some ways in which they differ significantly. Straight probation allows someone to avoid jail time and penalties such as a suspended driver’s license. However, one significant difference is that once probation has been completed, the final conviction remains on your record. In addition, if the terms of probation are violated, the state can file a Motion to Revoke probation. In this case, a probation violation could mean significant time in prison, depending on the original crime. In most cases, it will mean that you would serve the maximum possible penalty for the original crime.

If you have been accused of violations of either deferred adjudication or straight probation, contact a probation violation lawyer immediately. There may be opportunities to present a strong defense and avoid jail time.

Avoiding Jail if You Violated Probation

While a probation officer has a great deal of discretion, judges also have discretion in probation violation cases. In most cases, once it has been determined that a probation violation is likely to have occurred, courts may continue with the probation. Keep in mind that the conditions of probation may be modified from the original conditions. In addition, even a minor violation could mean the probation term is extended. If someone has committed a serious breach of the terms of their probation, the judge also has the discretion to remand the defendant to jail.

The best way to avoid jail time after a probation violation is to make sure you contact a probation violation lawyer immediately. We can help you avoid the most serious consequences.