Helping People Accused of Violating Probation and facing Motions to Revoke Probation
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 their well-being.
Understanding How Violations Are Triggered
There is a variety of things one can do to violate their probation. Depending on the specific terms of your probation, a motion to revoke your probation can be filed and a warrant may be issued for your arrest in response to many things, including 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 may 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/s 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 may 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 to continue the probation and keep my client out of jail or prison. This may 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, and 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 me for a free consultation.
The Law Office of Clovis Martin has represented clients charged with:
Assault with Bodily Injury (PC 22.01), Aggravated Assault (PC 22.02) Aggravated Kidnapping (PC 20.04), Burglary of Vehicles (PC 30.04), Consumption of Alcohol by a Minor (ABC 106.04), Credit Card or Debit Card Abuse (PC 32.31), Criminal Mischief (PC 28.03), Criminal Trespass (PC 30.05), Deadly Conduct (PC 22.05), Driving Under the Influence of Alcohol by Minor (ABC 106.041), Driving While Intoxicated (a.k.a. DWI PC 49.04), Driving While Intoxicated with Child Passenger (PC 49.045), Driving While License Invalid (TC 521.457), Duty on Striking Unattended Vehicle (TC 550.024), Duty on Striking Fixture or Highway Lanscaping (TC 550.025), Engaging in Organized Criminal Activity (PC 71.02), Evading Arrest or Detention (PC 38.04), Failure to Identify (PC 38.02), Fictitious or Counterfeit Inspection Certificate OR Insurance Document (TC 548.603), Furnishing Alcohol to a Minor (ABC 106.06), Harassment (PC 42.07), Interference with Emergency Telephone Call (PC 42.062), Possession of Alcohol by a Minor (ABC 106.05 a.k.a. Minor in Possession of Alcohol or MIP), Possession of [Controlled] Substance (CSA 481.115 to 481.118), Possession of a Dangerous Drug (CSA 483.041), Possession or Delivery of Drug Paraphernalia (CSA 481.125), Possession of Marijuana (CSA 481.121), Prostitution (PC 43.02), Public Intoxication (PC 49.02), Racing on Highway (TC 545.420), Reckless Driving (TC 545.401), Resisting Arrest, Search, or Transportation (PC 38.03), Revocation of Community Supervision (a.k.a Probation, CCP 42.12-Sec. 23), Sale [of Alcohol] to Minors (ABC 106.03), Sexual Assault (PC 22.011) Terroristic Threat (PC 22.07), Theft (PC 31.03), Theft by Check (PC 31.03 & 31.06), Theft of Service (PC 31.04), Unlawful Carrying Weapons (PC 46.02), and Unlawful Restraint (PC 20.02).
