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Thursday, May 15, 2008

Practice Areas

Probation and Parole Violations

Houston Probation Violations Defense Lawyers

Criminal Defense Lawyers Board-Certified in Criminal Law by the Texas Board of Legal Specialization

Standing as the Voice of Reason to Protect and Defend the Accused

From time to time, the Houston probation violations defense lawyers at Stradley, Chernoff & Alford, L.L.P., receive phone calls from clients complaining about unreasonable probation officers. We always give the same advice: swallow your pride and try to get along. The judge relies heavily on that officer’s reports in a probation hearing. The most realistic way to prevent probation from being revoked is to keep the motion to do so from being filed in the first place.

Probation Violation Help

If it appears that your probation officer will not be appeased or a Motion to Revoke has already been filed, contact us to discuss our strategies for defense of probation violations. The Houston probation and parole violations defense attorneys at the law office of Stradley, Chernoff & Alford, L.L.P., can offer effective counsel after any alleged violation of probation.

Persuasion and Reason for the Sake of Preservation of Your Freedom

In the event that a motion for revocation is filed, our Houston, Texas probation violations defense lawyers will fight to keep you out of jail. There is no right to a jury trial for an alleged violation of probation. The prosecution doesn’t have to prove a violation beyond a reasonable doubt. However, you do have the right to a hearing and discovery materials. More importantly, you have the right to counsel who can fight the allegations.

Communicating Effectively with Judges

Some judges consider probation a sort of “contract” between themselves and the person on probation, and view any breach of that contract as an affront to the court. However, there are always two sides to a story, and you can be sure that the probation officer and prosecutor will only reveal the bad information to the judge. Many times when the Judge is made aware of extenuating circumstances, she agrees not to revoke. We have observed that many judges work very hard to find alternatives to sending violating probationers back to jail.

As attorneys who are board-certified in criminal law by the Texas Board of Legal Specialization and former chief prosecutors and assistant district attorneys, we have a great deal of knowledge and experience to offer. We know the judges, and know what to expect from them.

Probation Revocation Hearing

A probation revocation hearing is a rare occurrence. Primarily because the Judge is already aware of the allegations and in the majority of cases will tell the parties before a hearing is set what she will do in the event the allegations are proven. However, there are some circumstances where a hearing must be set and defended. Sometimes this is the only way for a defense attorney to provide information to a Judge bent on revoking. It is imperative that you hire a defense attorney who has the experience to handle revocation hearings.

We Advocate for Clients at Parole Hearings

As is the case with probation, you have no constitutional right to parole. Parole is considered to be a privilege, not a right. However, with the assistance of a qualified lawyer, you do have the right to a parole hearing. At that hearing we will present witnesses and make as persuasive arguments as possible before the Texas Department of Criminal Justice.

Do not give up or waive your hearing if you have been denied parole. No one is beyond help. As we often say, “The system may be broke, but it still gets us there.”

When you need parole or probation violation help, Stradley, Chernoff & Alford, L.L.P., can guide you through the system and fight for a restoration of your liberty. Contact us for a free consultation if you face violation of probation charges or have been denied parole.

Stradley, Chernoff & Alford, L.L.P.
Republic Building
1018 Preston, Suite 200
Houston, TX 77002
Phone: (713) 222-9141
Fax: (713) 236-1886

The Houston, Texas, criminal defense law firm of Stradley, Chernoff & Alford, L.L.P., represents people who have been accused of a state or federal crime anywhere in Texas, including in communities such as League City, Angleton, Pearland, Alvin, Clear Lake, Sugar Land, The Woodlands, Baytown, Pasadena, Memorial, Spring Branch, River Oaks, West University, Bellaire, as well as Houston County, Galveston County, Fort Bend County, Montgomery County, Brazoria County, and Harris County.