Motions to Revoke Probation

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Being on deferred adjudication or community supervision in Texas requires you to adhere to very specific rules regarding your probation. Depending upon your offense, your time on probation may vary anywhere from two to ten years, but certain rules apply to all that are on probation in the State of Texas.

According to the Texas probation law, you are required to:

  • Refrain from committing another offense
  • Pass all mandatory drug tests
  • Perform community service
  • Pay all fines and court courts
  • Report to your probation officer at least once per month

Because these rules and regulations are so strict and have very little to no room for a slip-up, the chance of violating one of the terms of your probation may be high. You need a capable criminal attorney if you've been accused of violating probation.

CHARGED WITH VIOLATING PROBATION?

If you are in violation of one of the rules of your probation such as a failing a drug test or failing to report to your PO, you could be facing incarceration or a prolonged sentence. You could also be facing jail time without bond and no right to a trial by jury.

Unlike a new criminal charge, citizens accused of probation violations are often jailed without bond, meaning the accused could be made to wait in jail for up to 30 days or more before a hearing with a judge. If have a skilled criminal defense lawyer on your side, you may be able to get released from jail pending your hearing for a nominal amount or on your own recognizance.

There is a common misconception that unpaid probation fines, supervisory fees, and court costs will lead to a motion to revoke probation: this is not necessarily true. Under Texas law, your probation cannot be revoked for not paying your fees if you can prove you do not have the ability to pay them. Hence, if you don't have a job or lack an income source the probation department cannot and will not revoke your probation for unpaid fees alone.

However, if you are delinquent in your fees and unable to pay them, and also do not report to your probation officer at least one time, or test positive for drugs or alcohol, you are giving the probation department a slam dunk reason to seek revocation of your probation and send you to jail, aside from the monetary probation condition.

Retain a Capable Criminal Defense Attorney

Even if you were arrested for violation of terms, there is still hope. You may not have any new charges filed against you. If you lose a job or have a family emergency, this may be taken into consideration. If you have knowingly violated the terms, however, keeping in contact your probation officer is a must, even while the motion to revoke probation is pending.

Contact trusted San Antonio criminal lawyer, Roberto Ambrosino, from the Law Office of Roberto Ambrosino, PLLC to evaluate your pending Motion to Revoke Probation.

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