What Are Your Legal Rights If You Are Accused of a Probation Violation in San Marcos?

Has a Texas Court Sentenced You to Probation?

If you are serving probation and you are charged in or near San Marcos with violating the terms of your probation, the court will schedule a violation of probation hearing. You must have a San Marcos violation of probation attorney represent you at that hearing.

Texas judges may penalize convicted criminal offenders with fines and jail or prison, but judges may also order probation for most convictions. Probation allows you to remain in your home and community, work or stay in school, and serve your sentence by meeting the conditions of probation set forth by the court.

As of 2023, more than 400,000 people were on probation or parole in Texas. What constitutes a probation violation in this state? What are your rights if you are accused of violating the terms of your probation? And when will you need to contact a San Marcos probation violation lawyer?

How Does Probation Work in Texas?

Texas has two types of probation: regular probation and deferred adjudication. The successful completion of deferred adjudication results in a dismissal of the original charge and no criminal record.

If the court sentences you to regular probation, that court has already convicted you, and you have established a criminal record.

If your probation officer believes you’ve violated the conditions of your regular probation, that officer may file a motion to revoke your probation. When the court receives that motion, it will issue an arrest warrant. Upon your arrest, the court will schedule a violation of probation hearing.

When Should You Contact a Violation of Probation Attorney?

If you are on deferred adjudication probation, and your probation officer believes you’ve violated the conditions of deferred adjudication, that officer may file a “motion to adjudicate guilt” with the same result: an arrest warrant and a hearing on the motion.

If a law enforcement agency arrests you for any probation violation, get in touch immediately with a San Marcos violation of probation attorney who will advise you and accompany you to your probation violation hearing.

What Constitutes a Violation of Probation in Texas?

If the court sentences you to a term of probation instead of or in addition to jail or prison, you will be required to:

1. pay court fees
2. report regularly to your probation officer
3. obtain permission before traveling
4. adhere to all of the terms and conditions of your probation

Convicted offenders and those serving deferred adjudication probation in Texas may receive slightly different terms of probation depending on the offense and the jurisdiction. But generally speaking, the most common violations of probation include:

1. failing to report as scheduled to your probation officer
2. violating any state, federal, or local law
3. failing an alcohol or drug test
4. traveling outside the area without permission
5. violating the curfew established by the court
6. failing to find or maintain employment
7. failing to pay a fine or restitution as ordered by the court
8. failing to complete court-ordered community service
9. associating with known criminals

In Texas, a court can issue an arrest warrant for a probation violation on the same day as the violation. To obtain an arrest warrant, a probation officer must prepare the necessary legal documents and take the matter to a prosecutor.

What Are Your Rights at a Violation of Probation Hearing?

To convict you of a probation violation, a Texas prosecutor must prove the allegation against you in a violation of probation hearing. The judge will determine if the allegation is true. Convictions for probation violations in Texas can prompt harsh penalties including lengthy jail sentences.

You have the right at a probation violation hearing to explain to a judge why you are not guilty of the allegation. You are also entitled to have a lawyer represent you at the hearing. However, some of the rights that apply in other criminal cases do not apply in probation violation cases.

The court has already convicted you of a crime (or withheld adjudication), so you no longer have the right to a trial by jury, and the court does not have to find you guilty beyond a reasonable doubt. If the court believes it is “more likely than not” that you are guilty of a probation violation, you will be convicted.

What Are the Court’s Options?

Depending on the severity and nature of the violation, a Texas judge at a violation of probation hearing may impose several different penalties for convictions. The potential penalties include:

1. additional fines
2. additional community service hours
3. additional substance abuse treatment
4. a lengthier term of probation
5. a criminal conviction (for those on deferred adjudication probation)
6. a revocation of your probation and a jail or prison sentence

When a judge determines that the defendant has not violated a probation term or condition, the defendant continues to serve the original probation sentence.

What’s important to remember is this: If you receive a conviction for a probation violation, a judge may revoke your probation and order you to jail or prison. That is why a skilled and experienced San Marcos probation violation lawyer must represent you at your probation violation hearing.

Let Seymour & Vaughn Handle Your Violation of Probation Case

Your job or education and your ability to support your family will be at risk if a court convicts you of a probation violation. If you are charged with violating your probation in Texas, now or in the future, you will need a skilled criminal defense lawyer – a lawyer at Seymour & Vaughn.

Attorney Aaron Seymour leads a team of defense lawyers who represent clients in San Marcos, New Braunfels, and throughout the state. We are experienced criminal defense attorneys who are committed to fighting aggressively and effectively for your future and your freedom. We provide free initial consultations and flexible payment options.

Take advantage of probation – if that’s your sentence – and avoid more legal trouble by adhering strictly to your probation’s conditions and terms. If you are accused of violating those conditions and terms, call Seymour & Vaughn immediately – at 830-282-8751 – for the legal help you need.