Probation and Parole Violations
All but the most serious criminal offenses in Texas qualify for potential probation as part of a judicial sentence. Although burdensome, many people greatly prefer probation, sometimes called community supervision, to prison time. However, the terms of probation or parole mandated by a court or prosecutor’s office often include many hoops for you to jump through. In the course of daily life, total compliance with conditions of your probation or parole can be hard. If you miss even one small requirement, you can end up triggering a violation that threatens to undo all the work you’ve already done.
If you find yourself facing a probation or parole violation, it’s easy to feel helpless and beat down, but don’t worry. Attorney Walker Fults can work to put you back on track in a way that is manageable and works for you.
Technical vs. Substantive Violations
A major determining factor in addressing a probation violation or parole violation is whether it was a technical or a substantive violation. Stricter penalties can be applied to more serious crimes or violations. A technical violation such as a missed appointment or class differs from a more substantive violation, such as a new charge on a related offense. Penalties for violations can result in judicial reprimands, mandated jail time, an official finding of guilt, and additional imposed conditions.
What to Expect
Most people have some warning from their probation officer that things are deteriorating. Whether there is a misunderstanding, missed appointments, or a new charge, it’s in your best interest to hire an attorney quickly. The probation officer may recommend the prosecutor file a Motion to Revoke Probation. If your probation is revoked, the court has the power to use your guilty plea–obtained when you signed up for probation in the first place–to sentence you to stricter penalties under the law. You must have an advocate in this process to tell your side of the story and lobby for you to be continued on probation. This is a careful act of diplomacy, as the court already has your guilty plea on the underlying offense, and proving up a probation violation is often easier than proving the original case. The right attorney can give you the best shot at a positive outcome under the unique circumstances of your case.
Contact a Dallas Probation and Parole Attorney
Navigating these differences and the requirements that go along with them can be difficult. Reach out to Attorney Walker Fults to learn how our aggressive, experienced legal representation can benefit you.
