Houston Attorney Helping People Facing Probation Violations

If you have already been convicted and are serving probation, any sort of mistake could make the difference between remaining free and spending years behind bars. Many times, you may not even realize you are making a mistake, only to have your probation officer arrest you again for a probation violation.

We here at Lisa Shapiro Strauss Attorney at Law can help. Our law firm is led by Lisa Shapiro Strauss, a former prosecutor with 25 years of experience defending against assault, theft, family violence and other criminal charges. Serving clients throughout the Houston area, Lisa has a deep understanding of Texas criminal law and what may or may not be a probation violation.

Understanding Probation in Texas

Probation is a legal agreement that allows someone who has been convicted of a crime to avoid jail time, as long as they follow certain rules set by the court. It’s like being given a second chance to live in the community while showing that you can follow the law and meet the court’s requirements.

What Are the Rules of Probation in Texas?

When someone is on probation in Texas, they have to follow specific rules. These might include:

Meeting regularly with a probation officer.
Staying away from drugs and alcohol.
Paying fines, court fees, or restitution to victims.
Attending counseling or treatment programs.
Avoiding any criminal activity.

Breaking these rules can lead to serious consequences, including the possibility of jail time.

Is Deferred Adjudication the Same as Probation?

No, deferred adjudication and probation are not the same, though they are similar.

Probation: A person is convicted of a crime but allowed to stay out of jail if they follow the court’s rules.
Deferred adjudication: The court delays entering a conviction. If the person successfully completes the terms set by the court, the charge might be dismissed. If they don’t, the court can convict them and impose penalties.

Understanding these terms is important because they can affect a person’s criminal record and future opportunities. If you’re unsure about your probation or deferred adjudication terms, it’s a good idea to talk to an experienced lawyer who can help.

Types of Probation Violations

When someone is on probation, they are required to follow specific rules set by the court. Failing to follow these rules is called a probation violation. In Texas, there are two main types of probation violations: technical violations and substantive violations.

Technical Violations

A technical violation happens when someone breaks a rule of their probation but does not commit a new crime. These violations might include:

Missing an appointment with a probation officer.
Failing to pay fines, court fees, or restitution.
Skipping required counseling or treatment programs.
Violating a curfew or travel restrictions.
Failing a drug or alcohol test.

Although these violations might seem minor, they can still have serious consequences.

Substantive Violations

A substantive violation occurs when a person on probation is accused of committing a new crime. This type of violation is taken very seriously because it shows that the person may not be following the law while on probation.

Common examples include:

Being arrested for theft, assault, or other criminal charges.
Driving under the influence (DUI).
Drug possession or distribution charges.

Substantive violations can lead to probation being revoked, meaning the person could face the original sentence, including jail or prison time.

Why It Matters

The consequences of probation violations depend on the type of violation and the circumstances. If you’re accused of violating probation, it’s important to act quickly and seek legal help. An experienced attorney can review your case and help you defend your rights.

Steps in the Probation Revocation Process

If someone is accused of violating the terms of their probation, the court will follow a process to decide whether the probation should be revoked and what consequences the person will face.

Here are the main steps in the probation revocation process in Texas:

1. Allegation of a Probation Violation

The process begins when a probation officer or another authority reports that a probationer has violated the terms of their probation.

2. Arrest or Notification of a Violation

In some cases, the person may be arrested immediately if the violation is serious, such as being charged with a new crime. For less severe violations, the probationer might be notified of the alleged violation and required to appear in court for a hearing.

3. Filing of a Motion to Revoke Probation (MTR)

The prosecutor will file a Motion to Revoke Probation (MTR) with the court. This document explains the alleged violations and asks the court to take action, such as revoking probation or modifying the terms.

For individuals on deferred adjudication, a Motion to Adjudicate (MAJ) is filed instead of a Motion to Revoke. An MAJ can be filed if you’re charged with a new offense above a Class C ticket or fail to follow the court’s rules. This motion asks the court to remove the deferred status and enter a conviction.

4. Probation Revocation Hearing

The probationer has the right to a hearing to respond to the allegations. This hearing is held in front of a judge, not a jury.

At the hearing:

The prosecutor presents evidence of the alleged violation(s).
The probationer and their attorney can challenge the evidence, present their own evidence, and call witnesses.
The judge will consider whether there is enough evidence to prove the violation.

5. The Judge’s Decision

After hearing the evidence, the judge will decide whether the probationer violated the terms of their probation. If the judge finds that there was a violation, they will decide what the consequences will be.

6. Appeal (if applicable)

If probation is revoked, the probationer may have the option to appeal the judge’s decision. An experienced attorney can advise on whether this is a viable option and help navigate the appeals process.

Why Legal Representation Is Crucial in This Process

The probation revocation process can be overwhelming and stressful. Having an experienced attorney to represent you during the hearing is critical. They can build a strong defense, challenge evidence, and work to minimize the consequences of the alleged violation.

Probation Violations Consequences in Harris County

When an individual on probation in Harris County violates the terms set by the court, several consequences may follow, depending on the type of violation and how serious it was.

Warning

For minor or first-time technical violations, such as missing a meeting with a probation officer or a curfew breach, the probation officer or the court may issue a warning. This serves as a formal notice to adhere strictly to probation conditions moving forward.

Modification of Probation Terms

The court might modify the existing probation terms to address the violation. Modifications can include:

Extending the probation period.
Imposing additional community service hours.
Mandating participation in counseling or rehabilitation programs.
Increasing the frequency of check-ins with the probation officer.

Revoking Probation

If the judge determines a violation occurred, probation may be revoked, resulting in the individual serving the original jail or prison sentence associated with their conviction.

Factors Influencing Consequences

The exact consequences of probation violations in Harris County depend on a few factors, such as:

Nature of the Violation: Technical violations might be treated more leniently than substantive ones.
Violation History: Repeat offenders are likely to face harsher penalties.
Original Offense Severity: Violations during probation for serious offenses may result in stricter consequences.

The potential consequences of probation violations in Harris County can be severe, so it’s important to follow all probation conditions and seek prompt legal assistance if a violation is alleged.

Defense Strategies for Probation Violations

If you are accused of violating your probation, you still have legal rights and options to fight the charge. A skilled Houston probation violation lawyer can help you fight the allegations and work to minimize the consequences. Here are some common defense strategies for probation violations:

Challenging the Alleged Violation

Your attorney can examine the evidence to determine if the violation actually occurred. For example:

Was the missed probation appointment a result of miscommunication or an unavoidable emergency?
Is there solid proof, such as test results or witness testimony, to back up the claim of a violation?

By questioning the validity of the evidence, your lawyer may be able to have the allegation dismissed.

Demonstrating Compliance

If you have taken steps to fix the issue before the hearing, such as completing missed community service hours or catching up on fines, your attorney can present this as evidence of good faith. Showing that you are committed to fulfilling the terms of your probation can help persuade the court to allow you to continue probation rather than revoke it.

Proving Mitigating Circumstances

Sometimes, circumstances beyond your control may lead to a probation violation. For example:

A medical emergency or family crisis that caused you to miss a meeting or deadline.
Job loss or financial hardship that made it difficult to pay fines or restitution.

Your attorney can argue that the violation was unintentional and not due to a disregard for the rules.

Negotiating with the Court

In some cases, your attorney can work with the prosecutor and judge to negotiate a resolution. This could involve:

Adjusting your probation terms rather than revoking probation.
Adding additional conditions, like attending a treatment program, to avoid harsher penalties.
Recommending alternatives, such as community service, instead of jail time.

Filing an Appeal

If the court rules to revoke your probation, you may have the option to appeal the decision. An experienced lawyer can assess whether there are grounds for an appeal and guide you through the process to seek a different outcome.

Highlighting Positive Behavior

Your attorney can emphasize your efforts to comply with probation terms, such as steady employment, attending counseling, or staying out of trouble. This can demonstrate to the court that you are making progress and deserve a chance to stay on probation.

Why Legal Representation Matters

Navigating a probation violation case can be complex, and the stakes are high. With the right legal help, you can fight back against probation violation allegations and work toward the best possible outcome.

Why Choose Lisa Shapiro Strauss As Your Houston Probation Violations Attorney?

If you’re facing a probation violation in Harris County, it’s important to have the right lawyer by your side. Lisa Shapiro Strauss is an experienced attorney who is dedicated to helping her clients. Here’s why people trust her to defend their rights:

Over 25 Years of Experience

Lisa Shapiro Strauss has more than 25 years of experience working in the Texas criminal justice system. She knows how to handle tough cases and help her clients get the best possible outcome.

Former Prosecutor Advantage

Before becoming a defense lawyer, Lisa worked as a prosecutor. This means she understands how the other side thinks and can use that knowledge to defend her clients.

Personalized Attention

Lisa knows that every case is different. She takes the time to look at all the details and evidence to create a strong plan for each client.

Protecting Your Future

Lisa understands how a probation violation or criminal charge can affect your life, from your job to your education. She works hard to protect your record and keep your future on track.

Easy Communication

Lisa makes it simple to stay in touch. She offers flexible meeting times, including virtual meetings, and can even meet with clients who are in jail. She uses secure online tools to keep clients updated on their cases.

Award-Winning Lawyer

Lisa has been recognized for her work as a criminal defense attorney, including being named to the Texas Super Lawyers list multiple times.

Answers to Your Questions About Criminal Defense

What is the statute of limitations for criminal cases in Texas?

A Statute of Limitations, or a limit on the amount of time a prosecutor has to file charges against a suspect, varies with how serious the crime is. Generally, the criminal statute of limitations is shorter for misdemeanors than it is for felonies, but there are some crimes for which there is no limit. Some of these are murder, human trafficking, and certain types of sexual offenses. The rules are laid out in Article 12.01 et seq. of the Texas Code of Criminal Procedure.

The reason a statute of limitations exists is because over time, physical evidence can get lost, contaminated or broken down and witnesses’ memories fade.

Will an arrest in Texas remain on your record for the rest of your life?

Unlike a person’s credit history, which only goes back 7-10 years, a criminal record can stay on the public record indefinitely. But it may be possible, under certain circumstances, to get an arrest removed from the record. The two ways to do this are expungement and record sealing (Orders of Non-Disclosure). An expungement means that a persons record is basically wiped clean; they can legally say that they have never been arrested. Orders of Non-Disclosure does not remove your arrest from the record, but it does seal the arrest from public record.

Can you get probation for aggravated assault with a deadly weapon in Texas?

Texas law usually doesn’t allow probation for aggravated assault with a deadly weapon. However, sometimes, if you make a deal with the court or get something called deferred adjudication, you might avoid jail time. Every case is different, so it’s important to talk to a lawyer.

What happens if you get a domestic violence charge while on probation?

Getting charged with domestic violence while on probation is serious. The court might decide to hold a hearing to see if you broke your probation rules. If they decide you did, you could face stricter rules, more probation time, or even jail. Having a good lawyer can help you handle this situation.

Will probation show on a background check?

Yes, probation will show up on a background check. It’s part of your criminal record. Even if you finish probation, people might still see it unless you take steps to seal or expunge your record. A lawyer may be able to help you with this process depending on the offense.

Can you bail out of jail on a probation violation In Texas?

Sometimes you can get bail if you’re in jail for a probation violation, but it depends. If it’s a small problem, like missing a meeting, you might be able to get bail. But if it’s a big problem, like committing another crime, the judge might not allow it. It’s up to the court to decide.

Can you travel while on probation In Texas?

You can only travel while on probation if your probation officer says it’s okay. You’ll need to ask for permission first and explain where you’re going and why. If you travel without permission, you could get in trouble for breaking the rules.

Does being on probation affect getting a job?

Being on probation can make it harder to get a job. Many employers check your background, and they might see your probation status. But some jobs may still hire you, depending on the type of crime and the job. It helps to show that you’re working hard to follow the rules and improve your life.

Get Help Protecting Your Rights

Lisa Shapiro Strauss is an experienced, caring, and dedicated Houston criminal defense lawyer who will fight for your rights. If you’re facing a probation violation, don’t delay. Contact our office today for a free consultation.