HOUSTON PROBATION VIOLATIONS ATTORNEY

Have You Been Accused of Violating Probation?

Is your freedom being threatened for alleged probation violation? Failing to meet the conditions laid out by the court can carry significant consequences. If you have been court-ordered to complete a series of actions, and you fail to meet the conditions, you may find yourself facing further sentencing by the court. This effectively means that you are taking one violating probation and could be sent back to prison.

UNIQUE CHALLENGES IN PROBATION CASES

Those who are placed on probation do not enjoy the full range of legal opportunity when it comes to defense. Rather, the defendant will be subject to the full scope of prosecution if their probation is challenged. Defendants on probation are not entitled to jury trials. All aspects of a probation are handled at hearings in front of the judge who originally approved the terms.

Additionally, the prosecution will only have to prove that a defendant violated probation. The evidence and judgments from the original charge are not part of probationary hearings. It is also unnecessary for the prosecution to prove probation violation beyond a reasonable doubt. Instead, they only have to prove violation by the preponderance of evidence.

Some of the more often cited reasons for probation violations in Texas include the following:

• Committing an additional crime
• Failing to meet reporting requirements of probation
• Failing to complete any required programs or classes
• Failing a drug test
• Failing to complete community service

IF YOU ARE ARRESTED ON PROBATION

For minor violations, your probation office has the ability to serve you with a warning. If you are arrested during the course of your probationary period, do not discuss the conditions of your arrest with your probation officer as there is a chance they will testify against you. Instead, contact an attorney as soon as possible.

Samuel Gardner in Houston, Texas, is a qualified criminal defense attorney you can trust to help you through the unique set of conditions that a probation violation presents. Your attorney will help you understand your rights in a probationary hearing and will be there to defend them fully and aggressively. An attorney will also be instrumental in helping you navigate a reopened case if you are determined to be in violation of probation.