Granbury Probation Violations Lawyer

Many individuals charged with criminal offenses in the Granbury, TX, area receive probation as part of their sentencing. It’s also possible for some defendants to qualify for probation instead of jail time in some cases. If you have been sentenced to probation for any reason, it is vital to understand and abide by the terms of your probation. Every criminal case is unique, and while there are general standards for probation rules in Texas, a judge may assign specific probation conditions based on the unique factors in play in a defendant’s case.

If you are accused of violating the terms of your probation in any way, you could very likely face going to jail depending on the severity of the violation and the original terms of probation assigned by the judge who handled your sentencing. Unfortunately, many people in the Granbury, TX, area are accused of probation violations unjustly, or they make honest mistakes that technically qualify as probation violations and face serious repercussions.

The Law Firm of William A. Walsh provides client-focused and aggressive criminal defense representation to our clients in the Granbury, TX, area. If you have been accused of violating your probation, it’s essential to secure legal representation as quickly as possible. Your attorney can help you make a compelling argument in your probation hearing and potentially help you avoid the worst possible penalties for a probation violation.

When you are accused of violating the terms of your probation, you will face a criminal court hearing very similar to the criminal trial in which you were initially sentenced. However, during this hearing, your probation officer will testify as to your alleged probation violation, and the judge will consider evidence and arguments to determine whether a probation violation indeed occurred. This may seem like a straightforward process, one that you would be perfectly capable of making a compelling case against, but it’s vital to approach this situation carefully.

Working with an experienced Granbury probation violations attorney is the best way to minimize the chance that the judge will side with your probation officer. Your attorney can help you determine whether you had a valid excuse to violate your probation in the manner claimed or assist you in disproving that any probation violation occurred at all. The Law Firm of William A. Walsh will carefully review the details of your situation, analyze your probation officer’s argument, and help you approach your probation violation hearing with confidence.

When an individual is sentenced to probation, the judge handling their sentencing will determine the terms of the defendant’s probation. In Texas, probation generally includes several standard terms:

• The defendant must attend regular meetings with their probation officer. These meetings serve as “check-ins” for the probation officer to verify that the defendant is abiding by the terms of their probation.
• The defendant may be required to maintain employment. If they lose their job through no fault during probation, they may need to prove they are actively looking for legal employment and report job search progress to their probation officer.
• The defendant may be prohibited from using drugs or consuming alcohol, even if they are over 21.
• The defendant may not break any other laws.
• The defendant may be prohibited from contacting specific individuals. For example, if their original criminal case involved drug sales, they may be prohibited from contacting or spending time with previously known associates involved in illegal drug sales activity.
• The defendant must agree to allow their probation officer to conduct unscheduled visits to their home and inspect the premises to ensure the defendant abides by the terms of probation.
• The defendant may be required to complete community service on a predetermined schedule.
• If the defendant’s original criminal case involved driving under the influence (DUI) of alcohol, drug abuse, or any form of substance abuse, they might be required to attend Alcoholics Anonymous (AA), Narcotics Anonymous (NA), or substance abuse treatment during probation.
• The defendant must make regular payments for their court costs and fines.
• The defendant may not travel outside of their county or the state unless they obtain explicit permission from their probation officer. This is typically only permitted in emergencies.

Depending on the unique details of the defendant’s original case, they may also face special probation conditions. For example, they may be required to register as a sex offender, attend vocational or life skills classes, attend victim impact programs, or have an ignition interlock device (IID) installed on their vehicle. Ultimately, every defendant sentenced to probation in Texas is likely to face uniquely constructed probation conditions.

Many defendants sentenced to probation are given this sentence under the condition of “deferred adjudication,” meaning the judge has agreed to defer the defendant’s prison sentence as long as the defendant can complete probation. Thus, while an individual sentenced to typical probation may not face jail time for a minor probation violation, an individual who has received probation as deferred adjudication likely will go to prison and for longer than they would have if they initially were sentenced to a prison term for the original offense.

Deferred adjudication is typically granted through the plea-bargaining process in which a defendant agrees to plead guilty and streamlines court proceedings in exchange for a lighter sentence. While it’s essential for anyone sentenced to probation to avoid committing probation violations, this is especially important for anyone given probation as deferred adjudication.

Suppose your probation officer believes you have violated the terms of your probation in any way. In that case, your probation officer is likely to file a motion to revoke probation with the Granbury criminal court. The probation officer will submit this motion along with their supporting evidence. You and your Granbury probation violations attorney will have the opportunity to mount a defense in the subsequent hearing.

The Law Firm of William A. Walsh can work closely with a defendant facing a motion to revoke probation and potentially help them prove that no probation violation occurred:

• If your probation officer has accused you of committing a new criminal offense, your defense attorney can help you disprove their claim and establish your innocence.
• Suppose your probation officer has accused you of violating probation by missing a required meeting with them. In that case, your attorney can help you prove that you had a valid excuse to miss the meeting due to forces beyond your control and had made a good faith effort to attend it as required.
• If the motion to revoke probation hinges on your failure to pay court fees and fines, your attorney may help you prove that you do not have the financial ability to meet your payment obligations. This could lead to an adjusted payment schedule that’s easier for you to manage.
• If you failed a drug test, your attorney might help you negotiate to avoid prison by agreeing to attend a substance abuse treatment program.
• Suppose your probation officer claims you violated your probation by losing your job. In that case, your attorney can help you prove that you did not lose it due to poor performance or any specific failing on your part and that your employer chose to exercise their right to fire employees “at will.”
• When your probation officer has accused you of failure to appear for required community service hours, your attorney can help you prove that you only missed your community service time because of forces beyond your control. As a result, you could potentially agree to more community service hours in exchange for avoiding jail.

These are just a few examples of how an experienced Granbury probation violations attorney can help their client successfully navigate a motion to revoke probation. Ultimately, every probation violation case is unique and will involve unpredictable details. Therefore, you need legal counsel you can trust in this demanding situation.

You should not wait any longer than necessary to respond to a motion to revoke your probation. However, do not assume the issue will go away on its own. The longer you wait to respond, the more likely the judge will be to grant the probation officer’s motion and send you to jail. While probation could have allowed you to avoid incarceration and a criminal record, this is no longer possible once you officially violate the terms of your probation and probation is revoked.

The Law Firm of William A. Walsh is committed to providing the highest level of client-focused defense counsel in every case we accept. Our team understands how difficult it can be to abide by the strict terms that probation often entails. Many probation violations occur due to forces beyond a defendant’s control. While it may seem like the entire criminal justice system is working against you in a probation violation case, the reality is that the right criminal defense attorney can make a tremendous difference in the outcome of your probation violation hearing.

If you are ready to start building your defense against your probation officer’s motion to revoke your probation, we are ready to assist you. Contact the Law Firm of William A. Walsh today to schedule a consultation with an experienced Granbury probation violations lawyer.