Probation is often given as an alternative to jail time, which most people aim for after committing a crime. Spending time in jail is unideal and probation is the Court's way of allowing a person a second chance and a chance to prove that they are trying to better themselves. If this probation is revoked by the Court, you may be facing the original jail time that was being considered for your first crime. So what do you do if your probation is at risk of being revoked? If the Court or the State of Texas has filed a Motion to Revoke Probation, due to you not meeting the requirements of your probation, you need to contact an experienced attorney immediately. Probation revocation is taken very seriously in the Courts, and fighting this, unaware of the laws, without an attorney could land you with some serious jail time.
Probation requirements are the Court's way of proving that you are still facing consequences for your crime, while having the freedom of not being put into jail. These terms and conditions are necessary to show the Court that you are making a difference towards bettering yourself. Most of the time, the requirements include but are not limited to: reporting to your probation office monthly, paying fines, attending classes, completing community service and not taking illegal drugs or alcohol.
These requirements are often difficult to meet for several reasons. Financial trouble and the fluctuating economy can make it harder for an individual to keep up with the payment of fines that are associated with their probation. It may also be difficult for a known drug addict to completely cease use of their controlled substance and pass the required drug tests.
If any requirements are not met, things can get difficult for the person in question. If the infraction is of a smaller nature, it can often be dealt with directly through the probation officer and the Courts are not involved. However, if the violation cannot be handled by the probation officer, and he/she feels the need to involve the Court, they are more than able and willing to do so.
After Breaking Probation Requirements
After the probation office involves the Court, a Motion to Revoke Probation will be filed against you. A warrant will then be issued for your immediate arrest. If a Motion to Revoke Probation is filed against you, you could be facing the jail time that you originally were facing, and possibly added time for breaking the agreements of your probation.
If you are in danger of having revoked probation, you are entitled to a fair hearing, but not a trial with a jury. It is solely up to the Judge in Court whether or not you remain on probation, with possible added terms, or go to jail for whatever time that they see fit. Keep in mind that a Judge only needs reasonable doubt to revoke your probation, so these cases can be tricky. Though having your probation revoked is extremely serious, these cases can be fought and won. It is very important that you ensure that you are not being sent to jail unjustly. Getting help from an experienced attorney can be all of the difference between you going to jail or not, so it would be extremely wise to contact one as soon as possible in the event of your probation being revoked.
If you have any questions regarding revoked probation , contact theKyle Law Firm today!