Probation is a privilege, not a right. As such, if you are guilty of violating the terms of your probation, you may be subject to consequences that land you right back where you started. Commonly referred to as “community supervision,” probation can be violated in a number of ways, such as failing a drug test, committing a new offense or failing to report to your probation officer on time.
Since probation is essentially a second chance, court judges generally do not treat probation violations lightly and may impose harsh legal punishments as a result. Even if your case is in good standing and you are on the right track for early dismissal from probation, committing offenses like DWI, sex crimes, state jail felonies or intoxication assault while on probation can ruin your chances of getting an early dismissal.
With this in mind, it will benefit you to discuss your case with a seasoned Fort Worth probation violations lawyer at our firm. When you do, our lawyer will explain your legal options and formulate a plan of action that can help set your up for success. To get in touch with us, please contact (817) 997-4366!
Straight Probation vs. Deferred Adjudication
When a defendant pleads guilty or is found guilty of a misdemeanor or felony crime, a judge or jury may order community supervision, formerly known as Adult Probation. Probation is a final conviction that appears on your record but functions as an alternative to incarceration. If granted probation, you will have to adhere to strict terms and conditions that intend to promote positive behavioral changes. However, if you don’t follow all the rules, you may get sent back to court and potentially face imprisonment or an extended period of probation.
When a defendant pleads guilty or nolo contendere to a felony or misdemeanor crime and a judge finds enough evidence to find the defendant guilty, the judge may opt to place the defendant on a type of community supervision call deferred adjudication rather than sentencing them to incarceration. Deferred adjudication does not appear on an offender’s criminal record if they successfully complete the entire term. As such, if a judge defers a finding of guilt in your case and sentences you to deferred adjudication, your case may get dismissed upon completion of the term and thus, you won’t be found guilty.
Common Conditions of Community Supervision in Texas
A judge will set the conditions of your community supervision depending on your unique circumstances and has the right to change those conditions when necessary. You must live by these rules and ensure you follow them closely, or you may risk getting your privilege revoked. Typical conditions of community supervision include, but are not limited to, the following:
- Committing no crimes
- Avoiding injurious or vicious habits and abstaining from using illegal controlled substances
- Avoiding people and places with disreputable or harmful characters
- Reporting to the designated Community Supervision and Correction Department after your hearing and as scheduled by the court or your supervision officer
- Allowing visits from your supervision officer at your home or elsewhere at any time
- Securing suitable employment
- Supporting your dependents
- Notifying your supervision officer if your address or employment changed within five days from the date of the change
- Not owning or possessing firearms
- Completing community service hours
- Paying fines, fees, court costs and restitution as told
- Submitting to drug testing at your supervisor’s discretion
- Providing proof of your GED or high school diploma, or completing education programs as directed
Contact Our Probation Violations Lawyer in Fort Worth
Our Fort Worth probation violations attorney at Alband, Lane & Balderama understands that everyone makes mistakes, even if they are required not to. You may easily end up in the wrong place at the wrong time, and sometimes, with the wrong people, but that does not mean you deserve to go back to jail, suffer an extended term of probation or be required to adhere to stricter rules than you already have to.
No one is perfect, which is why you need a lawyer who treats you with the attention, respect and compassion that you deserve. Thus, we encourage you to put our experienced and trusted probation violations attorney in Forth Worth on your team. Your fight is our fight.
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"Thanks to Mr. Alband, a two-count indicted felony case was dismissed completely."Ann
"Mr. Alband, I just wanted to say thank you and good luck with your future career."C.F.
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