HOUSTON PROBATION VIOLATION ATTORNEY

In some cases, accepting a plea agreement may be in your best interest. In these situations, you may receive probation, also known as community supervision, which will include multiple terms and conditions, such as probation meetings, random drug and alcohol tests, prevention classes associated with the criminal offense, restitution, fines and community service. Every Court is different when it comes to these conditions. If you successfully complete probation, you can avoid jail and move on with your life. If you violate the probation, however, you may receive the maximum punishment, including jail time and a large monetary fine.

If you are currently on probation and have violated any of the terms or conditions, please call my office at (713) 936-2174. I can meet with you and your family to discuss the status of your case and help you avoid jail or prison time. You cal also reach me directlythrough email or our Free Case Evaluation.

DEFERRED ADJUDICATION AND STRAIGHT PROBATION –

Texas offers two types of probation: (1) deferred adjudication; and (2) straight probation.

Deferred Adjudication –

• The State typically offers deferred adjudication to first time offenders and those persons charged with less serious misdemeanor crimes. Deferred adjudication is also offered for some felony drug crimes.

• Deferred adjudication provides a way to avoid a final conviction in your case without receiving a dismissal from the State or an acquittal from a Jury.

• If you accept deferred adjudication through a plea bargain, you must plead guilty to your criminal charge; however, the Judge will defer a finding of guilt.

• If you successfully complete the deferred adjudication probation, you will ultimately receive a dismissal from the Court. At this point, you may eligible for a Nondisclosure proceeding, which can seal your criminal record and prevent government agencies from releasing your information to third parties.

• On the other hand, if you violate any of the terms outlined in your deferred adjudication probation, the State will automatically file a document known as a “Motion to Adjudicate Guilt”, which may lead to the maximum punishment for your crime and a final conviction on your permanent record.

Straight Probation –

• Straight probation is just like deferred adjudication with respect to the terms and conditions. The only difference is a completion of straight probation will result in a final conviction.

• Straight probation basically allows you to avoid jail.

• As with deferred adjudication, any violation of the terms and conditions outlined in your probation will jeopardize your future. In these situations, the State will automatically file a document known as a “Motion to Revoke Probation”, which may lead to the maximum punishment for your crime, including signficant jail or prison time.

TYPES OF PROBATION VIOLATIONS IN TEXAS –

Common types of probation violations include, but are not limited to:

• Getting charged with a new crime while on probation
• Failing to report to your probation officer
• Failing to appear in court on scheduled date
• Failing to pay fines and court fees
• Failing to comply with a court order
• Failing to perform mandated community service
• Failing to take mandatory drug tests
• Testing positive for drug and alcohol use
• Failing to get court-ordered treatment or counseling
• Associating with known criminals
• Failing to maintain gainful employment or a steady job
• Failing to abide by any court-ordered curfew
• Failing to maintain a residence in the County of the probation precinct
• Traveling outside of the County without requesting a travel permit

PENALTIES FOR PROBATION VIOLATIONS –

Violating any of the terms or conditions of probation – whether intentionally or by accident – is like slapping the Judge in the face. Texas Courts feel they have done you a huge favor by allowing you to go on probation as opposed to jail or prison. Therefore, if you violate your probation, the Judge will be quick to punish you. The Court may extend or revoke your probation, impose additional fines, or send you to jail or boot camp. In order to protect yourself from this enhanced prosecution, it is vital that you contact an attorney as soon as possible to determine if something can be done in your case.

CONTACT A HOUSTON PROBATION VIOLATION CRIMINAL DEFENSE LAWYER –

If you are on probation and have violated any of the Court’s terms or conditions for your community supervision, the Law Office of Nicholas R. Westbrook can help. As a Houston criminal defense attorney who specializes in probation violations, I will evaluate your specific situation and work with the Court’s probation department to assist you in this difficult process. I will work hard to keep you on probation and out of jail.

WARNING: If you recently violated the terms and conditions of your probation, chances are a warrant has already been issued for your arrest. For this reason, and the reasons listed above, you must contact the Law Office of Nicholas R. Westbrook today. I have the resources to determine whether a warrant has been issued and how to avoid posting bond without going to jail.

To schedule a free consultation regarding your probation violation, please contact the Law Office of Nicholas R. Westbrook at (713) 936-2174. You may also contact me through email or the Free Case Evaluation. I will draw upon all of my knowledge and experience with probation violations to obtain the best result for you or your loved one. I look forward to helping you stay on probation and avoid any enhanced penalties for your alleged probation violation.