Is it Possible to Fight a Probation Violation?

 Posted on January 13,2024 in Criminal Defense

If you have been accused of violating your probation in Texas, you may feel anxious or defeated. However, it is possible to fight a probation violation allegation. With the help of a Texas criminal defense attorney, you may be able to avoid probation revocation and stay out of jail.

What Constitutes a Probation Violation

There are two main categories of probation violations in Texas: technical violations and substantive violations. Technical violations cover failures to follow administrative probation terms properly, like missing meetings with your probation officer, failing drug or alcohol tests, not keeping probation informed of your current address, traveling outside permitted jurisdictions without permission, or failing to pay fines or fees. More serious violations for things like committing a new crime, possession of contraband, or positive drug tests are considered substantive violations.

The penalties imposed depend greatly on whether the violation is technical or substantive in nature. Technical violations typically lead to extensions of probation terms or modifications of conditions. However, substantive violations are more likely to end in actual jail time or full revocation of probation.

Violations Can Often Be Fought

Many people assume that any probation violation means they are heading straight to jail or prison. However, that is often not the case. There is usually room for defense arguments to be made. For example, violations can sometimes be shown to be false or mistaken allegations. Other times, mitigating circumstances may explain why a probationer was not able to fully comply with all terms. Faulty drug tests or minor violations may also convince prosecutors not to seek revocation.

Get a Lawyer Involved Immediately

As soon as you learn that a Motion to Revoke Probation has been filed, getting an attorney involved is critical. The lawyer can obtain evidence and documents related to the allegations, work to get you released quickly if you are arrested, negotiate with the probation department or District Attorney’s office, and challenge violations in probation revocation hearings.

Do Not Wait Until it is Too Late

Timing is critical for fighting probation violations. Once a judge formally revokes probation and imposes a sentence, options become very limited. If there is an outstanding warrant related to an alleged violation, contacting a lawyer quickly is wise. Turning yourself in with legal representation ready allows you to immediately work towards release rather than sitting in jail for weeks while the case gets resolved.

Contact a Denton County, TX Criminal Defense Lawyer

Any claimed violation should be taken seriously, as penalties for revocation can be harsh like years in prison. However, violation allegations can often be contested successfully if fought in a timely and strategic manner. An experienced Cooke County, TX criminal defense lawyer can review your case and provide honest assessments and advice about options. In many cases, working quickly to challenge allegations prevents full probation revocation. Call Magaña & Van Dyke at 940-382-1976 for a free consultation.