People who are living under the conditions of community supervision are constantly at risk of being arrested and sent to jail or prison for what may seem like relatively minor violations. This can be a major threat to one's employment and well-being.
Understanding How Violations Are Triggered
There are a variety of things you can do to violate your probation. Depending on your specific terms, a motion to revoke your probation can be filed and a warrant can be issued for your arrest in response to many different actions. Some of those actions include the following:
- Missing a payment
- Missing a meeting with your probation officer
- Testing positive for drugs or alcohol
- Failing to complete community service
- Failing to sign up for or complete a class
- Dropping out of school
Also, if you are arrested on a new criminal charge, you might find yourself getting arrested again—after you are released on bond—on an alleged probation violation. In many cases, the motion to revoke your probation will move forward even if the criminal charge is dismissed or delayed.
Seeking a Solution That Meets Your Needs
If you have been arrested for violating your probation, you have a right to a hearing in front of a judge. Before your hearing is scheduled, your lawyer might be able to negotiate with the prosecutor and probation department to help mitigate the outcome. When I represent people who are accused of probation violations, I am generally looking for one of two outcomes:
- Amendment of the terms of the probation so that it will continue and keep my client out of jail or prison. This might involve completing extra community service, taking additional classes and/or accepting a longer probation term.
- Revocation of the probation so my client can serve the least amount of time in jail possible and end all further obligations to the state.
My approach will always be based on your preferences. If you are being accused of a violation you didn't commit, I will work to make sure your side of the story is presented. If you've been accused of violating your probation in Williamson County or elsewhere, don't hesitate to contact the Law Office of Clovis Martin for a free consultation.