If you have been sentenced to probation instead of having to spend time in jail and are now facing charges related to violating that probation, it is a serious matter. Because the consequences of such a charge are often jail time, consulting with a dedicated criminal defense attorney is your best first response.
Probation Violations
Depending upon the terms of your probation, a probation violation can take many forms. The following, however, are some of the most common:
Failing to attend required meetings with your probation officer (or failing to report to your probation officer as required)
Refusing to submit to the mandatory random drug tests spelled out in your probation (as applicable)
Being caught with drugs or alcohol in your system
Leaving the state or county that your probation confines you to (if applicable)
Being convicted of another crime while on probation
Failing to obtain employment – as ordered by the court – or being fired from court-ordered employment
Failing to perform your court-ordered community service requirement
Probation is intended as an opportunity to avoid spending time behind bars, and the court tends to take a dim view when probationers fail to uphold their end of the bargain.
Straight Probation vs. Deferred Adjudication Probation
In the State of Texas, there are two primary categories of probation that include straight probation and deferred adjudication probation. If you have straight probation, you were convicted of a crime but received probation instead of a jail sentence. If you are convicted of a straight probation violation, you will likely need to serve the remainder of your original sentence in jail – or you may have to serve the entire sentence in prison (depending upon the situation and the court's discretion).
On the other hand, deferred adjudication probation refers to when the judge delays your conviction on the charge at hand in exchange for you fulfilling all the responsibilities outlined in your probation. Failure to fulfill these responsibilities in their entirety likely means a conviction on the original charge and an attendant sentence. If you do complete your deferred adjudication probation requirements, however, your original charges will be dismissed.
Can I Fight Charges of a Probation Violation?
If you are facing a charge of probation violation, you are in a demanding position. The fact is that the court only needs evidence that reaches a preponderance of the evidence, which is far less burdensome than the usual level of beyond a reasonable doubt. If you have been charged with a probation violation, you need an astute criminal defense attorney to defend that charge.
Seek the Professional Legal counsel of an Experienced Killeen Criminal Defense Attorney Today
You were allowed to avoid jail time and instead accept probation, and now a probation violation charge threatens your freedom. The situation is far too significant not to reach out to attorney Brett Pritchard at The Law Office of Brett H. Pritchard in Killeen, Texas. Mr. Pritchard is a formidable criminal defense attorney who is well prepared to skillfully advocate for your rights and your case's favorable conclusion. We are on your side, so please do not hesitate to contact or call us at 254-501-4040 for more information today.