Probation Violation

How Probation Works in North Texas

When you went to trial or before you pled guilty to the offense to go on probation, the state had the burden of proving you guilty beyond a reasonable doubt. Before you went on probation, the judge found that the evidence was sufficient to find you were guilty beyond a reasonable doubt.

Burden of Proving You Violated Your Probation

If you are on any type of probation, then instead of the State having to prove that you violated the probation beyond a reasonable doubt, they have an easier burden. They only have to prove you violated your probation by a preponderance of the evidence (it is more likely than not that you violated a term or condition of your probation).

Regular Probation

If you are on regular probation, then the court would have sentenced you to a period of confinement at your sentencing hearing, but probated that sentence and placed you under community supervision for a period of time. In other words, if you were placed on 3^rd degree felony probation, which has a range of punishment of 2-10 years confinement and up to $10,000 fine, then the judge could have capped your potential prison exposure as part of the terms of the plea agreement or finding by the court or jury.

For example, the judge could have sentenced you to 5 years confinement and probated that sentence and placed you on probation for a period of four years. As long as you completed your probation, you would not have to go to prison. However, if you violated a term or condition of your regular probation, then the maximum amount of time you could spend in confinement after a motion to revoke was filed would be five years, rather than the full range of punishment stated above (10 years) because you were not on deferred adjudication probation.

The Dangers of a Deferred Adjudication Probation Violation

If you are on deferred adjudication probation, then you are subject to the full range of punishment for the offense that you pled guilty to at the original hearing. Judges consider deferred adjudication as a gift from the court. Rather than capping your potential prison exposure time like if you were on regular probation, you are more at risk for a longer prison sentence if a Motion to Adjudicate is filed.

For example, say you are on 2^nd degree felony deferred adjudication probation, which has a range of punishment of 2 to 20 years confinement and up to a $10,000 fine. If your probation officer files a Motion to Adjudicate because of an alleged probation violation, then the Court can sentence you at the hearing all the way up to 20 years and a $10,000 fine.

There is Hope

Thankfully, many, many times in the past, we have been able to help our clients avoid prison time and continue them on their regular or deferred adjudication probation. At Pelley Law Office, L.L.P., our attorneys have handled many probation violation cases arising out of failed urinalysis (dirty UA), arrest on subsequent crimes, failure to report and other violations of the terms of regular or deferred adjudication probation.

Get Help Today To Deal With a Probation Violation

We encourage you to contact our offices immediately if you or someone you care about has been accused of a probation violation or if a warrant has been issued for your arrest in North Texas. We know that the sooner we get involved in a case, the more options we have in trying to keep you out of jail or prison.

Your initial consultation with an experienced criminal defense lawyer will be free. Do not wait. Call us at 972-608-0335 or 903-813-4778 now.

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