Austin Probation Violation Defense

When you are placed on probation in Austin, you are required to sign a probation contract. On the contract, there are standard terms (or "conditions") of probation, e.g., "obey all state, federal and local laws," "report regularly to your probation officer," "pay a probation supervision fee," etc. There may also be special conditions of probation, e.g., "pay restitution," "attend AA or NA," "perform community service," etc. You must comply with each and every term of your probation, as ordered by your sentencing judge. If you should violate any of those terms of your probation, you are subject to arrest and any number of penalties. Once your probation officer is made aware of your alleged violation, he or she may file a "surrender notice" to force you to re-appear in court. The surrender notice informs the judge of your alleged violation of probation. After receiving the surrender notice, the judge may elect to issue a warrant for your arrest, although it is also possible that the judge will merely summons you to come to court.

Aa an Austin criminal attorney, I regularly defend clients accused of violating their probation. In many instances, I can negotiate with your probation officer or present evidence of extenuating circumstances that can allow you to avoid being sentenced to prison of the house of correction. I am knowledgeable and experienced in seeking alternatives to prison that include community service, restitution, and alcohol and drug abuse counseling.

Probation is a sentence ordered by a judge instead of, or in addition to, a prison sentence. Since Texas probation law is extremely strict about probation terms and conditions, the chances are very high that probationers will slip up and violate their probation.

The following are examples of rules that offenders must follow to avoid violating Texas probation laws:

Do not commit a new offense
Attend and complete required treatment or classes
Pass drug testing
Report to your probation officer
Pay all fines, probation fees and/or victim restitution
Complete community service
Do not visit disreputable persons and places
Maintain suitable employment
Follow geographic restrictions and curfews
Pay all fines, fees and restitution, as well as child support

Like parole violations, violating any one of these terms and conditions of probation can result in prolonged probation, or arrest and incarceration. Despite the fact that those guilty of Texas probation violation can be put in prison, they do not have a right to a jury trial or lawyer, and the evidence against them does not have to rise to a level beyond a reasonable doubt as in criminal trials. Violators may also be held without bail until they appear at their probation revocation hearing.