When you’re placed on probation in Texas, you are offered the opportunity to serve your criminal offense sentence in the comfort of your home. As an alternative to imprisonment, probation allows you to continue to be a community member and is usually given to those as a less severe form of punishment. Those allowed to live out their sentence on probation must follow certain rules. Since probation is an alternative to imprisonment, individuals risk finding themselves back at square one if they violate the regulations.
If you violate your probation in Texas, you may face the maximum imprisonment sentence for your crime. However, with the help of a dependable defense attorney, you may have the ability to avoid harsh punishments. The court might take leniency on you if this is your first violation and you can prove that it was a mistake. Having a lawyer create a strong defense strategy is vital for avoiding harsh punishments.
Common Types of Texas Probation Violation
Individuals on probation have a strict set of rules that they must follow to keep their sentence valid. When someone breaks those rules, there are severe consequences. Everyone makes mistakes, but understanding the types of violations a person can encounter may help you avoid a serious offense. The following are some examples of how a person can violate their probation:
- Positive drug and alcohol tests
- Not showing up for community service
- Missing meetings with their probation officer
- Possessing firearms
- Committing further crimes
- Not appearing in required court hearings
- Not paying fines on time
- Changing address without notifying officials or their probation officer
When individuals violate their probation, they can suffer penalties and imprisonment depending on the severity of their violation and the number of prior violations. If you are caught violating your probation and need legal assistance, contact a defense attorney as soon as possible.
3 Ways to Avoid Jail Time over a Probation Violation in Texas
Not all probation violations result in jail time. However, the punishment for violating your probation depends on the severity of the behavior and the number of previous offenses. A defense attorney can help create a solid strategy to help discuss alternative options before imprisonment. The issue can be modified or resolved in various ways, including:
- Plea Bargaining: An agreement regarding the modification, continuation, or termination of probation between the state and the defendant.
- Open Plea: No agreement is reached with the state, as the defendant does not contest any violation of their probation. The defendant can ask the judge to modify, continue, or terminate the probation.
- Contested Probation Violation Hearing: A evidentiary hearing where the State will call witnesses and show evidence that the defendant violated their probation. A judge must be present, and they will decide on the probation status.
An individual may often face educational or treatment options rather than imprisonment. However, an accusation or a violation of probation is a serious offense and can result in incarceration. Working with a defense attorney to limit the punishments or prove your innocence plays a critical role in preventing harsh consequences.
Contact Attorney Sophia C. Martinez for a Dependable Texas Defense Attorney
A probation violation is stressful and can have severe consequences that significantly impact your life. Sophia C. Martinez has years of experience advocating for the rights and interests of clients across Texas. To make sure her clients can comfortably communicate their concerns and questions, Sophia C. Martinez offers her services in both English and Spanish. At Sophia Martinez Law, you will have legal representation that you can count on and trust. We are prepared to do everything possible to help provide you with the best possible outcome for your case.
Call (210) 226-3000 or fill out our contact form to learn more about how our team can help you today.