Probation Revocation Attorneys Serving Dallas

After a conviction in Dallas, you may have to serve a term of probation that requires you to follow specific conditions and restrictions. Violating the terms of your probation can have serious consequences, as the court may revoke your probation and require you to serve a jail or prison term. If this happens, you need dedicated, persuasive legal counsel who can help you defend your interests and advocate on your behalf when you face a probation revocation hearing.

Contact the Dallas probation revocation attorneys of My Dallas Criminal Lawyer today for an initial case evaluation to discuss your violation charges and learn how our firm can help you.

 Do You Need a Lawyer When Facing Revocation of Probation?

When law enforcement or supervision officers accuse you of violating the terms of your probation, an experienced lawyer from My Dallas Criminal Lawyer can help you seek a favorable outcome under the circumstances of your case by:

• Thoroughly and independently investigating your charges to obtain all available evidence that may help us develop a compelling defense against the allegations
• Explaining the details of your charges to you and helping you understand the potential outcomes of a revocation hearing
• Evaluating potential defenses you may have against the alleged violations
• Protecting your rights and interests during the revocation proceedings
• Vigorously advocating on your behalf at the revocation hearing to fight for an acquittal or another more favorable resolution to your case

 Why Choose a Probation Revocation Attorney from My Dallas Criminal Lawyer?

When police or probation officers accuse you of violating the terms of your probation, you need experienced, dedicated legal counsel to protect your rights and freedom. Choose a criminal defense lawyer at My Dallas Criminal Lawyer to advocate for your interests in a probation revocation hearing because:

• We have a proven reputation for assisting clients with thorough case preparation, dedicated legal advocacy, and stellar client service.
• Our attorneys tailor their approach to the specific facts of each client’s case, focusing on serving their needs and goals.
• At our firm, you will work directly with a knowledgeable defense lawyer who will listen to your story, help you understand your situation, and develop a compelling case strategy to help you pursue a favorable resolution.
• We leverage our extensive legal knowledge and litigation skills to protect your rights, reputation, and future in probation revocation hearings.

What is a Probation Revocation?

A defendant serving probation, also called community supervision, may have their probation revoked for violating its terms as set by the court that entered the judgment of sentence on the defendant’s criminal conviction. Violations of community supervision fall into two categories: technical and substantive.

A technical violation refers to any violation of a specific term of community supervision that does not involve the commission of a new criminal offense. Common examples of technical violations of community supervision include:

• Failing to report to a supervision officer
• Failing a drug test
• Not completing community service obligations
• Failing to pay fines, court costs, community supervision fees, legal service expenses, or restitution
• Not attending mandated counseling sessions or group therapy meetings
• Failing to update information with the supervision officer, such as residential address, phone number, email, social media handles, or employment information
• Traveling outside the permitted jurisdiction without authorization
• Breaking curfews
• Associating with convicted felons or known drug users

A substantive violation can occur when a defendant on community supervision commits a new criminal offense, as the standard terms of community supervision require defendants to refrain from committing new crimes. Violations of community supervision can involve both technical and substantive violations, such as when a defendant fails a drug test, which may serve as evidence of unlawful possession of controlled substances.

The Probation Revocation Process

Under Texas law, a court may issue a warrant against a person serving community supervision for violating any condition of their community supervision, ordering them arrested and detained pending a determination of whether the probationer has violated a condition of their community supervision. Alternatively, a supervision officer, police officer, or other officer with the power of arrest may arrest a defendant with or without a warrant on the order of the trial court.

A defendant arrested for a probation violation must receive an initial hearing within 48 hours of arrest, with the judge who ordered the defendant’s arrest empowered to authorize the defendant’s release on bail. If a defendant does not get released on bail, they can file a motion to request a hearing before the judge who ordered the defendant’s arrest.

A court may revoke the community supervision of an incarcerated defendant if the defendant, in writing before a court of record or notary public, waives their right to a hearing and counsel, affirms they have nothing to say as to their sentence, and requests the revocation of their community supervision.

Additionally, a court may not revoke a defendant’s community supervision if, at a revocation hearing, the court finds that only the uncorroborated results of a polygraph exam support the alleged violations. Furthermore, when an alleged violation involves the failure to pay community supervision fees or court costs, the state must prove by a preponderance of the evidence that the defendant could pay such fees or costs.

Finally, a court can revoke a defendant’s community supervision when the state proves by a preponderance of the evidence that the defendant violated one or more conditions of their community supervision.

Frequently Asked Questions About Probation Revocation

Common questions that clients have about probation revocation include:

What happens if the court revokes my probation?

 When a court finds that a defendant has violated the conditions of their community supervision, the court has several options for punishing the defendant for their violation. First, the court may continue or modify the defendant’s community supervision following a violation. A judge may impose additional conditions of community supervision, such as:

• A community service requirement
• An extension of the community supervision period (with a maximum community supervision period of 10 years for felonies and three years for misdemeanors)
• An increase in fines
• Placement of the defendant in a substance abuse felony punishment program

A court can also impose an additional fine as a sanction for violating the terms of community supervision.

Alternatively, a court may revoke a defendant’s community supervision and either impose the initially assessed term of incarceration as part of the defendant’s sentence or impose a shorter term of imprisonment if the court determines that doing so would serve the public’s best interests. A defendant who has their community supervision revoked may receive credit for time served in a substance abuse felony punishment facility or a court-ordered residential program if the defendant completed the program.

Will I face prosecution for the violation?

When you allegedly commit a substantive violation of your community supervision, prosecutors can choose to bring additional criminal charges for the new alleged offense in addition to pursuing revocation of your probation. As a result, a substantive violation may have significant consequences as you could face an additional criminal sentence on top of your original sentence if the court revokes your community service and you get convicted on new criminal charges. 

What defenses do I have in a revocation hearing?

At a probation revocation hearing, you may pursue various defenses to fight the allegations that you violated the conditions of your community supervision. Common examples of defenses include:

• Lack of Intent – A defendant may argue that they did not intend to violate a condition of community supervision but instead made a mistake or oversight.
• Due Diligence – Texas law allows defendants accused of failing to report to supervision officers to assert a due diligence defense, arguing that they made a diligent effort to contact supervision officers or law enforcement.
• Mistaken Identity/Alibi – A defendant facing allegations of a community supervision violation may argue that victims, witnesses, or law enforcement mistakenly identified them as having violated a term of their community supervision (such as leaving the permitted jurisdiction or breaking curfew. Alternatively, a defendant might present alibi evidence to prove their location.
• Unreliable Laboratory/Forensic Evidence – A defendant may challenge laboratory or forensic evidence supporting the state’s allegations of a probation violation by highlighting issues with the government’s testing or breaks in the chain of custody of evidentiary samples.
• Unlawful Search by Law Enforcement – A defendant might seek to exclude evidence based on an unlawful search. However, defendants under community supervision may have terms of community supervision that allow supervision officers or police to search the defendant, their vehicle, or their home at any time, with or without probable cause.

Can you appeal a revocation of probation?

Defendants who have their community supervision revoked can appeal the revocation to the Texas appellate courts to assert a violation of procedural or substantive due process rights or to challenge a legal error by the trial court or the sufficiency of the evidence supporting the finding of a violation. 

Contact Our Firm Today After Getting Charged with a Probation Violation

When a supervision officer or the police accuse you of violating the terms of your probation, an experienced criminal defense attorney can help you defend your interests and future from the possibility of consequences from revocation of probation. Call My Dallas Criminal Lawyer today at 214-764-5535 for a confidential consultation to learn more about how we can help.