If you are on probation and the State says you broke a rule, things can move fast. A motion can be filed, a warrant can issue, and your freedom can be at risk, sometimes over something as simple as a missed appointment.
I have seen these hearings from every seat in the courtroom: as a defense lawyer, a judge, and a prosecutor. I understand what these hearings involve, and I help you prepare your side.
What you’re facing
In Texas, probation is officially called community supervision. It is governed by Chapter 42A of the Texas Code of Criminal Procedure. There are two main kinds, and the difference matters a great deal if you are accused of a violation:
- Regular probation (a probated sentence). You were convicted, and your sentence was suspended while you are supervised. If the State believes you violated a condition, it may file a motion to revoke.
- Deferred adjudication. The judge did not find you guilty, and proceedings were put on hold while you are supervised. If the State believes you violated a condition, it may file a motion to adjudicate. If the court adjudicates, it can then sentence you as if the case had never been deferred. That can mean any punishment within the full range for the original charge.
At any time during supervision, a judge may issue a warrant for an alleged violation.
Types of alleged violations
- Technical violations: missed meetings with your supervision officer, missed or failed drug tests, unpaid fees, or unfinished classes or community service.
- New-offense violations: an arrest or new charge while you are on supervision.
How the hearing works
A revocation or adjudication hearing is decided by a judge, not a jury. The rules are different from a regular trial. After the hearing, the judge has a range of choices. The judge may continue your supervision, extend it, change your conditions, or revoke it.
Some defenses are specific to these hearings. For example, Texas law has special rules about allegations that a person failed to pay fees or failed to report. Whether any of these rules help you depends on your facts.
What to do now
- If you know there is a warrant, call me about the safest way to address it.
- Gather proof of what you have done right: class certificates, payment receipts, drug test results, pay stubs, and letters from employers.
- Do not ignore your supervision officer.
- Do not discuss the alleged violation with anyone but your lawyer.
- Call me as soon as you learn a motion has been filed.
How I can help
In a probation case, I generally:
- Review the motion and the supervision records behind it.
- Look for mistakes in what is alleged, such as wrong dates or missing proof.
- Gather records that show what you have completed and why any problem happened.
- Present the full picture to the court, including your job, family, and treatment needs.
- Talk with you about options, such as asking the court to modify your conditions instead of revoking.
Every case is different. Past results do not guarantee future results.
Frequently asked questions
Do I get a jury for a probation violation hearing? No. Texas law provides that the judge decides these hearings without a jury.
Can I be arrested for a missed appointment? Yes, it is possible. A judge may issue a warrant for any alleged violation of a condition. That is why it is important to act quickly.
Is a motion to adjudicate worse than a motion to revoke? It can be riskier. If you were on deferred adjudication, the judge can sentence you anywhere within the full range for the original charge after adjudicating guilt.
I am behind on fees. Will my probation be revoked? Not automatically. When a revocation is based on unpaid fees or costs, the State must show you were able to pay and did not. Bring your financial records to your consultation.
Talk with me about your case
Call me at (346) 366-7566 for a free consultation. You can also email kyle@vancedefense.com.