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What is a Motion to Revoke Probation?
If you’re facing criminal charges, you could be put on probation as punishment instead of being sent to jail. Criminal defense attorneys in New Braunfels explain that you must adhere to specific terms set for a specified period. You could face hefty legal consequences if you grossly or repeatedly violate the terms.
Your probation officer sets a motion to revoke probation through the district’s attorney’s office to determine if your probation will be revoked. A jury does not precede the hearing but a judge who makes the final determination.
The burden of proof lies with the district attorney, who must demonstrate that you committed the alleged violation through a standard of proof known as “preponderance of the evidence.” On your part, you can challenge the prosecutor’s case, emphasizing that the violation does not deserve probation revocation. Working with aggressive probation lawyers in New Braunfels is in your best interest.
What Are Common Probation Violations and Alleged Violations?
If law enforcement officers believe you violated your probation, they can go to court and file a motion to revoke the probation. The judge will give a warrant of arrest against you, and once apprehended, you will spend time in a county jail until you can attend the scheduled revocation hearing.
Probation violations and alleged violations in Texas are categorized into main categories:
Technical Violations
Probation attorneys in New Braunfels explain that technical violations cover failures to adhere to administrative probation terms. The violations include:
- Not attending meetings with your probation officer
- Failing to submit to drug and alcohol tests
- Failure to seek or maintain employment
- Failing to attend DUI school in DUI criminal cases
- Traveling outside the court’s jurisdiction without court approval
- Failing to pay fines and fees
- Not keeping your probation officer informed about your current address
Substantive Violations
Substantive probation violations entail more severe violations such as:
- Possession of contraband
- Committing a new crime
- Positive drug tests
What Are Possible Outcomes of a Motion to Revoke?
You can expect several possible outcomes after a motion to revoke, but the penalties depend on whether the violation is technical or substantive. If the judge determines that you didn’t violate any probation terms, you will continue your probation to completion without any further consequences.
However, if the judge determines a probation violation, they could impose one of two consequences:
- Probation revocation and jail: The court may revoke your probation and sentence you to jail to serve the original sentence.
- Strengthening probation conditions: You risk stricter and possibly longer probation terms instead of incarceration.
If you’re sentenced to jail, the time you spent on probation won’t count, meaning a longer sentence. Ensure you have probation attorneys to defend you against the revocation.
How Can I Challenge Allegations Leading to Probation Revocation?
Unfortunately, many offenders assume that any probation violation will automatically send them to jail, but this isn’t always the case. New Braunfels probation lawyers explain that there is always room to challenge the allegations of probation violations. With the help of an aggressive legal team, you can show that the allegations are false or mistaken.
They could also show mitigating circumstances that explain why you could not fully comply with all terms. Possible strategies to challenge probation revocation include:
Proving the Violation Didn’t Happen
During the probation violation hearing, the judge will evaluate if a violation occurred based on the arguments and evidence presented by the prosecution. They will also determine the suitable punishment for your actions. If you have reliable evidence to convince the judge that the probation officer is wrong about the violation, you could have a chance to continue with the probation.
Correct the Violation
You can avoid having your probation revoked by taking action to remedy the alleged violation. You can do this by performing the specific actions the judge had ordered before the probation violation hearing. For example, if the violation is failing to pay fees and restitution to pay victims as part of probation, then you should pay as soon as possible to demonstrate good faith.
Work Towards Probation Compliance
Even if you violated a term of your probation, you can demonstrate to the court that you’re working toward compliance. For example, if you have been missing meetings with your probation officer, take the initiative to schedule a replacement meeting. Your New Braunfels criminal defense attorneys will be in a better position to argue that even if you messed up, you’re willing to correct your mistakes.
Make Positive Contributions to Society
If you have contributed positively to society since your release, your lawyers may be able to argue that you’re a changed person who deserves a second chance despite the violation. For example, if you spent time volunteering in the community or working hard at your job, your lawyers could have a basis to argue for more lenient terms for a probation violation.
Bargain Over the Revocation
If you’re arrested on allegations of committing a new crime that violates your existing probation order, you could negotiate a new plea bargain that covers both cases. This strategy is common in jurisdictions where courts are busy with substantially backlogged calendars. Consult extensively with your probation attorneys to understand the implications and weigh the risks.
A Skilled Criminal Defense Lawyer Helping You Challenge Probation Revocation
Violating the terms of probation puts you at risk of facing heftier penalties. Fortunately, the law in Texas makes it possible to challenge allegations leading to a revocation. Experienced criminal defense attorneys in New Braunfels can provide legal guidance and support to enhance the chances of a favorable outcome.
At Seymour Law, we understand that it may not be possible to meet all the conditions of your probation at all times. If you have been accused of making probation-related mistakes, don’t hesitate to contact our passionate probation attorneys in New Braunfels. Call us at 830-282-8751 to schedule a FREE consultation.
