Probation revocation Houston. When convicted of a crime in Texas, the court can sentence a defendant to a fine or jail time, but in some cases, the person can receive a sentence of community supervision or probation. During the supervision period, if the defendant does not comply with the terms of supervision, he or she may end up facing a motion to revoke probation. In other words, the probationer would face receiving a harsher sentence.
What Does Revocation Mean?
A motion to revoke probation is a formal written document filed by the State alleging that a convicted offender has violated the terms and conditions of a community supervision/probation court order. The motion spells out how the alleged probation violation occurred. The probationer can fight the allegation and has the right to have an attorney assist in challenging the motion to revoke probation. The government has to prove that violation of supervision conditions occurred, and the probationer has a right to a hearing in front of the judge that granted the supervision.
If the judge, prosecutor, defense attorney, and offender involved in a probation violation case cannot negotiate a resolution in the situation, the court sets a hearing date on the matter. A judge will hear testimony from both prosecution and defense to determine the validity of the allegations against the offender. The probationer has fewer rights during this hearing: (1) no jury of peers is allowed; (2) the burden of proof is lower; and (3) the rules of evidence are relaxed. These and other aspects of the case can be difficult to fight, so having an experienced attorney’s representation is key.
In order to address a motion to revoke probation, the judge in the case must determine if any the alleged violations of the probation are true and decide if it is justified to revoke the community supervision/probation sentence. Prior to revoking a probation, it is possible for the judge to extend the original period of probation, or add new conditions to the original sentence, including extra fines, additional community service, etc. If the probation is revoked, the full range of punishment for the particular crime opens up and the judge can sentence the defendant to time in jail or prison. Unfortunately, a motion to revoke probation can result in a more serious sentence for the offender.
Probation revocation Houston. Being accused of probation violation is a serious situation. Hiring an experienced and competent criminal defense attorney to handle your case is the best way to proceed. Avoiding the severe legal consequences of a probation violation is the number one priority. If you or a loved one needs legal representation in Houston, Texas, or the surrounding area, Collin Evans Law can help you. Houston criminal defense attorney Collin Evans is a legal professional with years of experience handling a wide variety of cases in Texas. If you or a loved one has had a motion to revoke probation filed, contact Collin Evans Law to discuss the details of the case.