Fighting Back Against Alleged Probation Violations
Once you are on probation, there are specific guidelines and rules that must be followed in order for you to be compliant. If any of the probation stipulations are violated, a motion to revoke your probation may be filed. If you are accused of violating your probation and are facing a revocation, I can help.
At The Law Offices of James Angelino, I use my experience as a former law enforcement officer and prosecutor and now a criminal defense attorney to aggressively pursue the dismissal of any probation violation charges, motions or allegations. I work closely with clients in Collin, Denton and Dallas counties and the surrounding areas to see that their rights are preserved in all types of criminal law cases.
Probation Requirements And How They Are Violated
When probation is ordered as part of a sentence for a conviction in a criminal matter, there are a wide range of requirements by which you will be expected to abide. Probation requirements often include:
- Paying monetary fines according to a set schedule
- Being present for and participating in court-ordered counseling or classes
- Taking regular drug tests and passing them
- Staying out of additional legal trouble, including avoiding tickets, arrests and charges
- Avoiding certain people or places as stated in your probation document
As long as you are following the rules of your probation, you will be able to remain free from jail and other consequences. However, if even one aspect of your probation is disregarded, the entirety of the agreement can be thrown out by a judge.
Working To Prevent Jail Time
Before your probation is thrown out and you are ordered to jail, you have the right to a hearing in front of a judge. There is no jury trial for a possible revocation, and the prosecution does not have the burden of proving your guilt beyond a reasonable doubt.
However, this hearing is the time when all information collected by your lawyer can be presented in order to show why you should not be sent to jail and your probation should continue. It is possible that a minor administrative error or other clerical mistake resulted in the motion for revocation of probation. This can include situations in which a class was completed but the completion was not properly recorded or reported or an individual was struggling financially and was therefore unable to pay fines. Each situation needs to be handled on an individual basis, as the case and challenges are unique to that individual.
I work to see that all aspects of your specific situation are presented to the judge during the revocation hearing. I thoroughly investigate what the alleged violation was and gather all information that can mitigate the situation, hopefully persuading the judge to see your side.
Talk To Me Today About Your Situation
I am here to help you understand all aspects of a probation violation and the impact that a violation conviction can have on your life. For more information or to schedule a free consultation, call me now at 972-943-6260 or contact me online.