How Texas Courts Determine Consequences for Probation Violations

Facing a probation violation charge can feel overwhelming and scary. You might be wondering what comes next and how this could impact your life. If you’re in this situation, it’s normal to feel confused, worried, and uncertain about your future. You may be concerned about what the courts will decide, or whether the mistake you made could lead to severe consequences. At Deandra Grant Law, we understand what you’re going through, and we are here to help you navigate the process with empathy, care, and determination. Our goal is to help you get the best possible result for your case, and we are ready to assist you every step of the way.

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What Happens When You Violate Probation in Texas?

Probation is an alternative to prison or jail, and it allows individuals to stay out of incarceration while still being held accountable for their actions. However, if you break the terms of your probation, it could result in serious consequences. Probation violations can occur for many reasons, including failing to meet with your probation officer, not attending required counseling sessions, missing drug tests, or committing another crime. When this happens, the court will determine how to handle the violation, and this decision depends on several factors.

The Court’s Role in Probation Violations

When a probation violation occurs, the court will typically hold a hearing to decide whether the violation is serious enough to lead to a change in your probation. During this hearing, the judge will listen to the evidence presented by both the prosecution and your defense attorney. This is where having a knowledgeable and compassionate lawyer can make a big difference. The court will consider the nature of the violation, the circumstances surrounding the violation, and your history on probation before deciding what consequences to impose.

Texas courts take probation violations seriously, but they also recognize that not all violations are the same. The court will evaluate whether the violation was a minor issue or if it was a more serious matter that requires a tougher response. For example, missing a probation meeting might not be as severe as committing a new crime while on probation. The court will also take into account whether this is your first violation or if you have a history of breaking probation terms.

Attorney Deandra Grant

Deandra M. Grant

Managing Partner

Douglas E. Huff

Partner & Criminal Division Chief

Johnny Lanzillo

Criminal Division Senior Associate

Makenzie Zarate

Criminal Division DWI Trial Chief

Texas Attorney Kevin Sheneberger

Kevin Sheneberger

Criminal Division Associate

Consequences for Probation Violations

The consequences of a probation violation in Texas can vary depending on the severity of the violation and the judge’s decision. If you are found to have violated your probation, you could face several outcomes. The most common consequences include:

A Warning 

 In some cases, the judge may decide that the violation is minor and give you a warning. This means you will stay on probation, but the judge may remind you of the importance of following all the terms of your probation.

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Probation Extension 

Sometimes, the judge may decide to extend your probation period. This means you will have to continue meeting the terms of probation for a longer time.

Probation Revocation 

If the violation is more serious, the court may revoke your probation. This means your probation will be terminated, and you could face the original sentence you would have received if you had been sentenced to prison or jail instead of probation. Revocation of probation can lead to time in jail or prison.

Modification of Probation

The court may also choose to modify the terms of your probation. This could include adding new conditions such as additional counseling or increased reporting requirements. These modifications may make probation more difficult, but they allow you to stay out of jail or prison if you comply with the new conditions.

What Factors Affect the Court’s Decision?

Several factors can influence how the court decides to handle a probation violation. One of the key factors is whether the violation was related to a new crime. If you committed a new offense while on probation, the court may see this as a serious breach of trust, leading to more severe consequences. However, if the violation was related to a technical issue, like failing to attend meetings or missing a drug test, the court may be more lenient.

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The court will also consider how well you have been following your probation terms in general. If you have complied with most of the requirements but made a small mistake, the judge may be more inclined to give you another chance. However, if you have a history of violating probation or have failed to show progress, the court may impose harsher penalties.

Another factor the court will consider is whether you have shown any remorse or taken steps to improve yourself. For example, if you violated probation but have completed rehabilitation or counseling programs, the court may see this as an indication that you are trying to change. Demonstrating your commitment to making positive changes can work in your favor during the court hearing.

How to Respond to a Probation Violation Charge

If you are facing a probation violation charge in Texas, it is important to take the situation seriously and understand the potential consequences. The best thing you can do is to act quickly and seek professional help. Having an experienced attorney by your side can make a big difference in the outcome of your case. Your lawyer can help you prepare for the hearing, gather evidence, and present a strong defense on your behalf.

Your attorney can also negotiate with the court on your behalf to try to secure a favorable outcome. Depending on the circumstances, your lawyer might be able to argue for a lesser penalty or ask for an extension of your probation instead of revocation. In some cases, your attorney might be able to secure a deal with the prosecution that results in a reduced sentence or other favorable terms.

Case Results

Not Guilty

.17 Alcohol Level Was Reported

Case Dismissed

Arrested for DWI

Thrown Breath Score Out

.17 Breath Test

Case Dismissed

Assault Causing Bodily Injury of a Family Member

Case Dismissed

Possession of a Controlled Substance, Penalty Group 3, under 28 grams

Trial – Not Guilty

Continuous Sexual Abuse of A Child

Case Dismissed

Driving While Intoxicated With a Blood Alcohol =0.15

Trial – Not Guilty

Violation of Civil Commitment

Dismissed-Motion to Suppress Evidence Granted

Driving While Intoxicated

Dismissed-No Billed by Grand Jury

Assault Causing Bodily Injury of a Family Member with Prior

Case Results

Not Guilty

.17 Alcohol Level Was Reported

Case Dismissed

Arrested for DWI

Thrown Breath Score Out

.17 Breath Test

Case Dismissed

Assault Causing Bodily Injury of a Family Member

Case Dismissed

Possession of a Controlled Substance, Penalty Group 3, under 28 grams

Trial – Not Guilty

Continuous Sexual Abuse of A Child

Case Dismissed

Driving While Intoxicated With a Blood Alcohol =0.15

Trial – Not Guilty

Violation of Civil Commitment

Dismissed-Motion to Suppress Evidence Granted

Driving While Intoxicated

Dismissed-No Billed by Grand Jury

Assault Causing Bodily Injury of a Family Member with Prior

The Importance of Having an Attorney

When it comes to probation violation cases in Texas, having an experienced attorney can make all the difference. A skilled attorney will understand the nuances of the law and how to present your case in the best possible light. They will work to protect your rights and advocate for a fair and just outcome. Whether you are facing a warning, a modification of probation, or even the revocation of your probation, an attorney will be your advocate throughout the process.

At Deandra Grant Law, we are here to support you through every stage of your case. Our team understands the stress and worry you may be feeling, and we are committed to helping you get the best possible result. We will fight for your rights and work hard to ensure that you have the best opportunity for success.

If you are facing a probation violation charge in Texas, don’t face it alone. You deserve the best defense, and we are here to provide it. At Deandra Grant Law, we offer experienced, compassionate legal representation that is tailored to your unique case. We will stand by your side and fight for the best possible outcome. Contact us today to schedule a consultation and take the first step toward resolving your case.

To learn more about this subject click here:  Types of Probation Violations and Their Consequences

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