If you violate probation, you might feel like you are back to square one. You may be facing the maximum penalty for your underline crime. In other cases, courts may be lenient on you because it is your first violation. Understanding your rights after you violate probation is important.
The Type of Probation Matters
There are two main categories of community supervision, commonly called probation. The type of probation you will receive depends on the underlying offense. Deferred adjudication probation happens when the court delays your conviction and dismisses the charges as long as you satisfy all the elements of your probation. If you violate this type of probation, you could face the maximum sentence for the underlying crime.
Know Your Rights After a Probation Violation
Straight probation happens when a court determines that you are guilty, but the judge allows you to serve community supervision instead of a more severe penalty, such as jail time. When violating this type of probation, you may be ordered to serve the remainder of your sentence in prison. For example, if you were sentenced to two years in prison and have served one year on probation, you could still find yourself in prison for the entire two-year sentence.
Penalties for Probation Violation
Your rights can be limited if you violate probation, but you still have rights. For example, you can enter a plea in response to the alleged violation, present evidence to defend yourself, and hire an attorney to represent you. However, the prosecution only needs to prove that you violated your probation by a preponderance of the evidence. It is easier to prove that you violated probation than to prove that you are guilty of a crime, so it is important that you have an attorney representing you to defend you against probation violation accusations.
The penalty for a probation violation depends on the type of probation involved. With straight probation, you may be sentenced to serve the rest of the original punishment assigned to you by a court, and you may need to serve the entire sentence. If you have had a deferred adjudication, you may face the maximum penalty under the relevant statute. You can face additional criminal charges if you have been accused of being involved in new crimes as part of your probation violation. For example, suppose you violated your probation by drinking too much alcohol and being charged with a DWI. In that case, you will have to defend yourself against the DWI charges and face the consequences of a probation violation.
If you can prove that you were not violating your probation, your probation violation attorney may be able to negotiate the modification of your probation agreement. You may receive stricter probation terms and longer probation, but it is possible that you could still stay out of jail.
How a Texas Probation Violation Attorney Can Help You
Violating your probation is serious, and you could end up in a worse situation. Contact the experienced criminal defense attorneys at Abel Law Firm today to schedule a case evaluation and learn about how we can fight for your rights.