Probation Violation Attorney in McAllen, TX

Following a guilty plea or criminal conviction at trial, the judge may place the defendant under probation as part of the sentence or as an alternative to jail. Essentially, Texas law requires the defendant under probation (the probationer) to adhere to all of the conditions and provisions of their probation agreement. In the event that you break one or more probation conditions, you may be arrested and charged with probation violation. Being in such a situation can be extremely stressful, especially when your future is at stake.  

If you're under investigation for probation violations in your area, retaining a highly-skilled Texas criminal defense attorney is imperative to help build your case. At The Law Office of Aaron Fonseca, I've devoted my career to protecting individuals facing probation violation charges from the worst-case scenario. As your legal counsel, I can investigate every aspect of your case, determine whether you violated any probation condition, and help strategize a strong defense to fight your charges. 

My firm – The Law Office of Aaron Fonseca – is proud to serve clients across Edinburg, Texas, and the surrounding areas of Rio Grande Valley, Mission, and McAllen. 

Understanding Probation in Texas

Probation – also known as "community supervision" – is a non-prison sentencing option that is available to defendants who have been convicted of a criminal charge in Texas. Pursuant to the Texas Code of Criminal Procedure 42.12. Section 3(a), 

"A judge, in the best interest of justice, the public, and the defendant, after conviction or a plea of guilty or nolo contendere, may suspend the imposition of the sentence and place the defendant on community supervision or impose a fine applicable to the offense and place the defendant on community supervision." 

Additionally, probation may be deferred adjudication or straight probation in Texas. The primary purpose of probation is to reduce or eliminate the time that an offender must spend in custody. However, when under probation, you must obey all the terms and conditions of the probation agreement as indicated by the judge. 

Common Ways Probation Is Violated

Some of the most common ways to violate probation in Texas include: 

• Failure to pay fines, restitution, or court fees. 

• Failure to complete required hours of community service. 

• Failing to maintain employment 

• Failing a drug or alcohol test. 

• Not reporting to a probation officer. 

• Traveling outside the area without permission. 

• Committing or facing charges for another crime. 

• Failing to appear for a court date. 

• Possessing, selling, transporting, or distributing controlled substances. 

If you or someone close to you has recently been arrested and charged with a probation violation, you need to reach out to an aggressive criminal defense lawyer right away. Your legal representative can assess the nature of your probation violation and determine the best course of action.  

Types of Violations

In addition, probation violations may be categorized into – technical and substantive violations. 

Technical Violations 

A probationer may be accused of a technical violation if he or she fails to adhere to one or more conditions of their probation. 

Substantive Violations 

In contrast, a probationer may be accused of substantive violations if they are arrested or indicted for committing another offense while under probation. 

Consequences of Probation Violation

Consequences tied to a Texas probation violation can be far-reaching. That being said, the severity of the punishment often depends on the following: 

• The nature of the violation. 

• Whether your probation officer informed the court about the violation.  

• Whether you're facing fresh criminal allegations.  

• The number of prior violations on your record.  

A dependable Texas probation violation attorney can investigate all of the surrounding facts of your case and outline a solid defense strategy to help fight your charges. 

Warning or Request to Appear in Court

If the probation violation was minor and you have a cordial rapport with your probation officer, you will receive a warning, and the officer may not inform the court. Conversely, a warrant will be issued for your arrest if your probation officer reports the probation violation to the court or the law enforcement officer files a motion to adjudicate probation. Unfortunately, if you're arrested for probation violation, you must attend a revocation hearing.  

Determination of Violation

At the revocation hearing, the prosecution attorney must establish – by a preponderance of the evidence – that you violated one or more terms of your probation. Likewise, your defense attorney must provide evidence and witness statements to refute the accusation against you and challenge the prosecutor's claims. 

If the judge determines that you didn't violate any probation condition, you will be released and allowed to continue with your probation. In contrast, if the judge finds you guilty of the probation violation, you will receive a new sentence. 

Sentencing

If the judge determines that you're a probation violator, they can subject you to the penalties below: 

• Release you with stricter probation conditions. 

• Impose statutory maximum penalties. 

• Order you to perform additional community service. 

• Revoke your probation and send you to jail. 

A strategic defense counsel can fight vigorously to protect your rights and help you avoid or mitigate any additional punishment for probation violations.  

Work With an Experienced Criminal Defense Attorney

Defending your probation violation charges without skilled representation can increase your risk of getting convicted and receiving the maximum punishments. If the judge finds you to be a violator, you may be subject to additional sentencing, huge fines, jail time, or probation revocation. Therefore, when accused of probation violation, you should hire an experienced criminal defense attorney immediately for reliable advocacy and to uphold your rights. 

At The Law Office of Aaron Fonseca, I'm dedicated to offering strategic representation and dependable legal counsel to clients in their probation violation cases. As your lawyer, I can examine your case details and craft an effective defense strategy to challenge the prosecutor's case. Above all, I will fight vigorously to defend your freedom and help you achieve the most favorable outcome in your probation violation case.