Probation is a lot like purgatory. For many people, it is this liminal place between the criminal justice system and freedom. Probation is often issued to first time offenders, youthful offenders or those whose community contributions could outweigh their crime. Probation is a criminal punishment administered at sentencing, meaning that those on probation were found to be guilty beyond a reasonable doubt or plead guilty. Probation allows the courts to monitor you for additional illegal activity. If you follow the rules of your probation, when it ends, you are free. If you violate probation, there can be consequences.
Probation generally has terms that include meeting with a court official at regular intervals, availability for regular drug and alcohol screening and avoiding all law breaking. If you get arrested, fail to appear when summoned or fail a drug test, you may end up in jail. Violating your probation could leave you vulnerable to incarceration and other serious punishments. If you believe you violated your probation or if you got arrested while on probation, you need the help of an experienced criminal defense attorney as soon as possible. Your attorney can help reduce the negative consequences of a violation.
Probation violations are taken seriously by Texas courts
There are a number of reasons why you may violate your probation. Maybe someone you loved died and you made the questionable decision to travel out of state without the court's foreknowledge and approval. Perhaps your original charge stemmed from serious addiction, and you've been struggling with it since being put on probation. Now you've failed a drug test and could be facing time in prison. You don't need jail time. You need legal help. The courts won't just be sympathetic. They may revoke your probation.
Your best chance of a positive outcome when you've violated your probation comes from working with an experienced attorney. Your attorney can help you reach a compromise with the courts or even fight against continued probation, depending on circumstances. A public defender, who is probably very overworked, will not have the energy or experience to really fight for your after a probation issue. A private defense attorney, however, will.
Your attorney can provide you with options
For drug-related offenses or crimes related to mental health issues, your attorney could negotiate with the courts for treatment instead of incarceration. If your violation was a mistake or the result of some accident or mix-up, an attorney can help convince the courts to give you another chance. Don't just give up after a probation violation. Seek the help of an experienced criminal defense attorney as soon as possible.
Source: Nov. 30, -0001