Probation Violation Lawyer Serving Addison

Consequences for Texas probation violations can be swift and severe. Even a seemingly small mistake—like missing a meeting or failing a drug test—can lead to an arrest and jail time. Probation violations put your freedom and your rehabilitation at risk.

Rosenthal Kalabus & Therrian’s experienced Addison probation violation lawyers can help. Our attorneys can fight to protect your rights and work toward the best possible outcome. Thanks to decades of experience in Collin County courts, we know how to build strong defenses that give you a better chance at avoiding revocation.

If you’re accused of a probation violation, don’t wait until your hearing date to get help. Call our firm now at (972) 369-0577 or contact us online to speak with a skilled probation violation attorney in Addison.

Understanding Probation in Texas

Texas probation is also called community supervision. It allows people convicted of crimes to serve all or part of their sentence under court-imposed conditions rather than going to prison.

There are two primary types of probation in Texas:

• Deferred adjudication: If you get deferred adjudication, the court delays entering a guilty verdict while you complete probation. If successful, your case may be dismissed, and you may avoid a final conviction on your criminal record. However, if the terms are violated, the court can adjudicate guilt and impose the full range of penalties.
• Straight probation: Straight probation happens after a conviction and sentencing. You’ll avoid serving jail or prison time, but you’ll still be under supervision. Violating straight probation can result in revocation—and the same penalties you would have gotten if you weren’t allowed probation.

Probation often includes mandatory drug testing, community service, counseling or education programs, reporting to a probation officer, and compliance with travel or curfew restrictions. Of course, these conditions can vary depending on the offense and your individual circumstances.

It’s also important to distinguish probation from parole. While probation is an alternative to incarceration, parole occurs after a person has served part of a prison sentence. Parole is supervised by the Texas Board of Pardons and Paroles. Violations are governed under a separate system.

Potential Consequences of a Probation Violation

Probation violations can be technical or substantive. Technical violations include incidents like failing drug tests, missing meetings with probation officers, or not completing mandatory programs. Substantive violations include being arrested for a new crime.

Being accused of a probation violation in Texas can have serious and immediate consequences. Judges in Collin County have broad discretion in deciding how to respond. Your outcome can vary significantly depending on the nature of the violation, your criminal record, and your defense.

Possible consequences of a probation violation include:

• Reinstatement with new conditions: The court may choose to continue your probation but impose tougher rules. The new rules may include terms like frequent drug testing, additional community service hours, and mandatory counseling.
• Extended probation: Judges can lengthen your probation term. This may cause you to remain under court oversight for additional months or years.
• Revocation and incarceration: If your violation is serious or a repeat offense, the court can revoke your probation entirely. They may require incarceration up to the full term of your original sentence.
• Adjudication of guilt: If you were on deferred adjudication, a violation could lead the court to enter a formal conviction and sentence you as if you had been found guilty from the start. This often results in a permanent criminal record and substantial jail or prison time.

Because probation violation consequences can include everything from stricter oversight to jail time, working with a skilled defense lawyer is crucial. An experienced Addison probation violation lawyer at Rosenthal Kalabus & Therrian can advocate for your freedom.

What Happens After a Probation Violation?

If you are accused of violating your probation in Texas, the legal process begins with either a Motion to Revoke (for straight probation) or a Motion to Adjudicate Guilt (for deferred adjudication). These motions formally request that the court revoke your probation for violating your conditions.

Once a motion is filed, the court may issue a warrant for arrest or summons. This requires you to appear in court. If the violation is severe, you may be detained without bond until the hearing.

The probation violation hearing or revocation hearing will be held before a judge. The state must prove you violated your probation conditions by a preponderance of the evidence (a lower standard than what’s required in a criminal trial). During this hearing, the judge will determine whether probation should be revoked, extended, or modified. Finally, they can extend or impose additional penalties, including jail time.

Legal Options After a Probation Violation

If your probation is revoked due to a violation, you may have several legal options available:

• Appeal: While appealing a probation revocation is generally limited, it may be an option if there was an error in the legal process or if your rights were violated during the hearing.
• Shock probation: Shock probation may be available. If granted, the court will sentence you to prison for a short period and then grant probation if you don’t have any prior felony convictions. The idea is that it will “shock” the offender into compliance. However, eligibility and approval are dependent on the crime and your criminal history.
• Motions to reconsider sentence: If probation is revoked, your attorney may file a motion to reconsider the sentence. This kind of motion asks the judge to reconsider revocation and potentially reduce the penalties. Your attorney may also suggest alternative sentencing options, such as community service or residential treatment programs.

Note that a probation violation can impact your eligibility for record sealing or expungement in the future. In some cases, a revoked probation record can make it harder to obtain a fresh start by sealing or expunging your criminal history.

Similarly, once a probation violation occurs, early termination of probation is typically not available. If you have violated the terms of your release, the court will likely be less inclined to grant early termination—even if you’ve been compliant for the rest of your term.

Defense Strategies for Probation Violations

Some of the most effective defense strategies may include:

• Challenging the violation: Your defense attorney may challenge the evidence against you. For example, if the violation is based on a drug test, your probation violation attorney could argue that there were false positives or improper testing procedures. Mistaken identity or procedural errors, such as violations of your rights during the probation monitoring process, can also be grounds for contesting a violation.
• Mitigating circumstances: In some cases, showing mitigating factors can help reduce your consequences for violating probation. For example, illness, transportation difficulties, and efforts to improve your situation (like securing new employment or participating in rehabilitation programs) could explain the violation. The goal is to demonstrate that you are committed to complying with your probation terms.
• Demonstrating compliance: If you have complied with most of the probation conditions, this may be used to argue that the violation is relatively minor. Showing consistent compliance with other terms can help mitigate a single violation’s consequences. For example, your attorney may argue that you’ve attended counseling, completed community service, and regularly reported to your probation officer.
• Alternatives to incarceration: If probation revocation seems likely, an experienced Addison probation violation defense lawyer may be able to negotiate alternatives to incarceration. These alternatives can include residential treatment programs or extended rehabilitation instead of jail time.

Working with an experienced defense attorney in Addison can help strengthen your probation violation defense.

Why Choose Rosenthal Kalabus & Therrian for Probation Defense?

Rosenthal Kalabus & Therrian offers extensive experience in Collin County criminal courts. We pride ourselves on providing strong legal representation for anyone facing probation violations. Our team has a proven track record of achieving favorable outcomes in revocation and modification hearings.

We also know that every case is unique. That’s why we craft personalized defense strategies based on the facts of your case, the specific judge overseeing your hearing, and your individual needs. Whether you’re facing the possibility of probation revocation or seeking a better outcome than jail, our goal is to find the best solution for your situation.

Our comprehensive approach focuses on defending your violation and protecting your long-term future. Let us put our experience to work for you and fight to keep you on the right path.

Get Help from Addison Probation Violation Lawyers Today

If you’re facing a probation violation, finding the right lawyer is critical. The revocation hearing process moves quickly. There are also short timelines for contesting violations, seeking bond options, and pursuing alternatives to jail. The sooner you act, the better we can advocate to protect your rights and your future.

Contact an Addison probation violation lawyer from Rosenthal Kalabus & Therrian today. Our experienced team is ready to help you navigate this challenging process and work toward the best possible outcome. Call us at (972) 369-0577 or fill out our online form to schedule a consultation. It’s the easiest way to ensure that your defense is in the hands of professionals who are committed to your success.