The Ins and Outs Revocation of Probation in Texas
Whether intentional, or not, "breaking" probation can mean many different things, but essentially it is failing to follow the specifics of parole. This could be paying a fine past the due date, or neglecting to pay at all. The accused may have missed a scheduled meeting with their probation officer because or work or illness. Maybe a urinalysis test came back positive, or the reasons for breaking parole could be even more serious. Regardless or the excuse, an Attorney needs to be contacted immediately to that he or she can help you.
We have very limited rights in Texas when it comes to a Motion to Revoke hearing and the consequences can be harsh. When the offender goes to court this time around they will not be granted the right to a jury trial and the court does not have to prove within a reasonable doubt that the probation was in fact violated. The court will instead look at the POTE, or the "preponderance of evidence". What this means is that the accuracy or truth of the evidence against the offender will be considered, not the amount of evidence against them. One single negative claim can quickly change the sentencing completely.
The accused is entitled to a hearing, before the probation is revoked. It is extremely important that the offender has a Criminal Defense Lawyer representing him or her at the hearing to that the case can be presented to the judge in the most effective way. The Attorney may be able to explore other options instead of the court revoking probation. A proficient Lawyer may be able to negotiate an extension on the probationary period, additional therapy treatments or the addition of extra fines. A veteran law professional can help discuss all of the options available.
Occasionally bond has not yet been set for a Motion to Revoke case. If this is the case the accused may be able to bond out of jail to await the hearing. This can result in having to pay a large amount of money, but your Attorney may attempt to lower the figure by requesting a hearing.
There are many consequences to breaching a probationary contract and the end result is not the same for everyone. The offender may have to comply with the sentence from the original infraction and this may include jail or prison time. If the accused is on probation and is arrested, he or she is required to report this information within 48 hours of being released. This is not reason enough to revoke the probation, but if the court can prove by a POTE that the accused is guilty of the new offense, additional charges may be added.
Probation is not to be taken lightly, but in many instances the offender does not comprehend the gravity of following ALL of the conditions of the sentencing. Laws are in place to protect our communities and to discipline the offender for not acting as a law abiding member of society. The simple truth is that probation is for everyone and some find it easier to just deal with the original sentence. Whatever the circumstances might be, call an Attorney as soon as possible. A Criminal Defense Lawyer can assist by clarifying all of the ins and outs of Probation Revocation, or MTR, and all of the different options that exist.
We have very limited rights in Texas when it comes to a Motion to Revoke hearing and the consequences can be harsh. When the offender goes to court this time around they will not be granted the right to a jury trial and the court does not have to prove within a reasonable doubt that the probation was in fact violated. The court will instead look at the POTE, or the "preponderance of evidence". What this means is that the accuracy or truth of the evidence against the offender will be considered, not the amount of evidence against them. One single negative claim can quickly change the sentencing completely.
The accused is entitled to a hearing, before the probation is revoked. It is extremely important that the offender has a Criminal Defense Lawyer representing him or her at the hearing to that the case can be presented to the judge in the most effective way. The Attorney may be able to explore other options instead of the court revoking probation. A proficient Lawyer may be able to negotiate an extension on the probationary period, additional therapy treatments or the addition of extra fines. A veteran law professional can help discuss all of the options available.
Occasionally bond has not yet been set for a Motion to Revoke case. If this is the case the accused may be able to bond out of jail to await the hearing. This can result in having to pay a large amount of money, but your Attorney may attempt to lower the figure by requesting a hearing.
There are many consequences to breaching a probationary contract and the end result is not the same for everyone. The offender may have to comply with the sentence from the original infraction and this may include jail or prison time. If the accused is on probation and is arrested, he or she is required to report this information within 48 hours of being released. This is not reason enough to revoke the probation, but if the court can prove by a POTE that the accused is guilty of the new offense, additional charges may be added.
Probation is not to be taken lightly, but in many instances the offender does not comprehend the gravity of following ALL of the conditions of the sentencing. Laws are in place to protect our communities and to discipline the offender for not acting as a law abiding member of society. The simple truth is that probation is for everyone and some find it easier to just deal with the original sentence. Whatever the circumstances might be, call an Attorney as soon as possible. A Criminal Defense Lawyer can assist by clarifying all of the ins and outs of Probation Revocation, or MTR, and all of the different options that exist.
