Before you went on probation, the judge found that the evidence was sufficient to find you were guilty beyond a reasonable doubt.
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.
Our seasoned probation violation defense team can protect you.
Many, many, many times in the past, we have been able to help our clients avoid prison or jail time and continue them on their regular or deferred adjudication probation. At Pelley Law Office, L.L.P., our attorneys have handled countless probation violation cases arising out of failed urinalysis (dirty UA), arrests on new crimes, failure to report and other violations of the terms of regular or deferred adjudication probation. Your biggest challenge is simply not to give up. The probation department will seek time, and you will serve it, unless you have a strong defense team.
Result: Deferred Adjudication Continued for the 3rd Time! Motions to Adjudicate: Our client was on Deferred for Sexual Assault of a Child and Violated his Probation Several Times and Probation Filed Multiple Motions to Adjudicate Him.This client was required to register as a sex offender for life. His probation officer had absolutely had it with him, and he just kept messing up. After J.B. rejected the State's offer for years in the pen, Mr. Pelley took it to Court and J.B. was reinstated at an "open plea." State of Texas vs. J.B.
Result: Deferred Adjudication Continued Twice and one Motion to Adjudicate Dismissed Altogether! Motions to Adjudicate: Our client was on Deferred for Possession of Methamphetamines. This client was an engineer who was sadly caught up in the evil grasp of meth. In his mid 40s, he just could not quit "taking bumps." Although his UAs continued to show up hot, our legal team helped him avoid prison altogether and now he is clean with no criminal record. State of Texas vs. A.N.
Result: MTA DISMISSED & PROBATION CONTINUED. Charge: Motion to Adjudicate—Manufacturing/Delivery of a Controlled Substance PG 1 >4G<200G. Client was facing up to 99 years on a 1st Degree Felony after probation filed to revoke his probation. At the first appearance after hiring us, the Warrant was withdrawn, the MTA dismissed, and probation was reinstated. State of Texas vs. S.M.
If you are on regular probation, the court 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 five 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 (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, if you are on deferred adjudication probation for a 2nd Degree Felony offense it 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.
Result: PROBATION EXTENDED DESPITE PICKING UP NEW MARIJUANA CASE AND ESCAPING FROM A POLICE CAR WHILE IN HANDCUFFS. While on probation for several other offenses, client was handcuffed, arrested for Possession of Marijuana, and driven to jail in the back of a police squad car. Client admitted in open court to escaping out of the back of the squad car when it stopped and the officer's attention was diverted and avoiding apprehension by the police despite an extensive search. State of Texas vs. C.K.
SCHEDULE YOUR FREE CONSULTATION RIGHT NOW
Do not fool yourself by hoping your criminal problems will go away. They will not. Pick up your phone and call us right now at 972-608-0335, or send us AN EMAIL. Our experienced probation violation attorneys are ready to start fighting for you immediately. Each moment that goes by is bad for you, and good for the prosecution.