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Facing probation revocation is a serious matter — not only does it mean that the defendant could go back to jail or prison, but they could also be facing additional penalties for probation violation.
If you find yourself in such a situation, get in touch with us at Tisdell Law Firm. Our criminal defense attorneys can fight for your rights against probation revocation.
Probation allows convicted individuals to serve their sentence in the community rather than behind bars. However, this is only possible under certain conditions such as maintaining employment or attending rehabilitation programs.
Anyone who is on probation is monitored to ensure they don’t violate any of the probation terms. The most common forms of monitoring include periodic check-ins and random drug testing. The level of monitoring could vary depending on several factors, including the nature of the conviction and the prior criminal history of the defendant.
For more close monitoring, the individual serving probation could be subject to restricted travel and wearing an ankle monitor. Even the slightest violation of probation terms can lead to revocation. The situation can get worse if you don’t appear for scheduled court proceedings or fail to pay fines.
A probation revocation hearing happens in court and does not require a jury. The prosecution and defendant present their arguments and evidence to a judge, who deliberates on the matter and renders a verdict.
A judge could choose to reinstate the probation, which usually happens if the violations are minor and the judge wants to offer you another opportunity to comply with the probation condition moving forward.
Another option for the judge is to modify the terms of the probation to make it stricter. For example, the judge could extend the probationary period, require the defendant to have more frequent check-ins, or order the defendant to attend mandatory counseling sessions such as drug rehabilitation or anger management classes.
The judge also has a third option — revocation of probation. This is most common for severe violations or repeated probation violations. If the judge decides to go with this option, then the defendant could be required to serve the remainder of their probation term in prison or jail.
Probation offers individuals an opportunity to move forward with their lives, but if this privilege is abused or violated, then the consequences could be severe. Probation revocation penalties could result in time behind bars and hefty fines.
To make matters tougher for defendants, probation revocation only needs to be proven by a “preponderance of the evidence” and not “beyond a reasonable doubt.” This means the burden of proof for the prosecution is much lower.
With such high stakes, you need an experienced probation revocation lawyer, who specializes in such cases and is well-versed in criminal law for cases in Dumas, TX. A skilled criminal defense attorney can present strong arguments and evidence at your probation hearing to secure a favorable outcome.
At Tisdell Law Firm, our criminal defense attorneys work tirelessly to advocate for our clients. We will assess your case to inform you of your legal options. Once we decide on our course of action, we will guide you through each step of the way.
With our legal counsel, you can maximize your chances of fighting against probation revocation. You can call our Dumas law office to schedule a consultation with our criminal defense lawyer or family law lawyer at Tisdell Law Firm.
