Defending A Probation Violation

The consequences of a parole violation can vary. Individuals who violate the terms of parole can face a variety of consequences from reinstating probation to a formal court proceeding. Individuals who violate probation must understands that judges have wide discretion in these types of situations because individuals have already waived most rights when pleading guilty to the underlying charges and agreeing to the terms or conditions of probation.

For individuals who face probation violations, it is important to consult with experienced legal counsel to make sure that best possible defense to the violation is constructed. This entry will examine some helpful advice for individuals in Texas to remember concerning probation violations.

Available Probation Violation Defense Strategies

A skilled probation violation attorney might be able to convince the judge in a case to release an individual from custody while the probation violation case is still pending. A talented attorney will also know how to best make an effort to reach a good outcome in a probation violation case, which will likely include demonstrating that the parole violation either never occurred or that a more acceptable outcome than proposed by the court of law should be reached. In Texas, a knowledgeable lawyer will also know how to best argue on an individual’s behalf in order to reduce potential charges and minimize or avoid any time that an individual must spend in jail. As a result, it is essential that individuals seeking to defend a parole violation retain the services of experienced legal counsel.

Common Reasons for Probation Violation

There are three common causes of probation violations. One of them is administrative in nature and occurs when an individual fails to check in with his or her assigned probation officer. A second reason is that an individual fails to meet the terms of probation by failing to attend a class, not completing a drug trust, or not paying applicable fines. A third reason is that an individual is arrested for a new offense while on probation. Experienced legal counsel knows how to create strong legal defenses in each of these situations.

Legal Counsel Can Help Get Probation Reinstated

In many situations where an individual’s probation violation is due to the individual’s inability to complete a class or service required by probation, legal counsel can help an individual obtain an extension to fulfill this requirement and get probation reinstated.

Individuals Who Violate Probation Have the Right to a Hearing

Individuals have the right to demand that evidence be presented before a court of law demonstrating that a violation of probation has occurred. Individuals also have the right to cross-examine witnesses and introduce a defense to the probation violation charge. In these types of cases, the burden of proof is lower than in many other criminal proceedings, but it must still be demonstrated that a parole violation occurred.

When individuals violate the terms of probation, chances are that the consequences of the violation will be worse than the original sentence. Contacting an experienced probation violation attorney at Wheeler Law Office is important in constructing a defense that will work for you.