Probation Violations

What a probation violation means

Probation (in Texas also called community supervision) lets a person stay in the community instead of jail, as long as they follow certain rules. A violation is an accusation that one of those rules was broken. It might be:

• A new arrest or charge
• A missed meeting with a probation officer, or a failed or missed drug test
• Not finishing classes, community service or treatment
• Falling behind on fees or payments

When the State believes a rule was broken, the prosecutor can ask the judge to revoke (end) probation. If you were on deferred adjudication, it is called a motion to adjudicate. In federal court, the same idea applies to supervised release after a prison sentence.

What may be at stake

A violation can put back on the table the punishment that probation was meant to replace. Depending on the case, the judge may:

• Continue your probation as it is
• Add or change conditions, or extend the probation
• Revoke probation and send you to jail or prison
• For deferred adjudication, find you guilty, which leaves a conviction on your record

These hearings are different from a trial: there is no jury, and the judge decides. That makes preparation especially important.

How a Tarrant County violation case usually moves

Every case is different, and the steps and timing can vary. We also handle cases in the counties around Tarrant County; the general steps are similar, but each county's courts have their own schedules and practices. In general:

1. The motion and warrant. The prosecutor files a motion, and the judge often issues a warrant.
2. Arrest and bond. Depending on the case, bond may be set or may be denied until a hearing.
3. Negotiation. Your attorney may talk with the prosecutor and probation about options short of revocation.
4. The hearing. The judge hears the evidence and decides whether a rule was broken and what should happen next.

How our attorneys help

• We act quickly when there is a warrant, and explain your options for turning yourself in safely.
• We gather proof of what you have done right: work, treatment, classes, payments and support from family.
• We look at whether the State can prove the violation, and what explains it.
• We present the judge with a realistic plan for keeping you on track.
• We handle violations in both state court and federal court (supervised release).