From time to time, the lawyers at Chernoff Law receive phone calls from clients complaining about unreasonable probation officers who accuse them of a probation violation. 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.
If it appears that your probation officer will not be appeased or a Motion to Revoke for a probation violation has already been filed, contact us to discuss our strategies for defense of probation violations. We can offer effective counsel after any alleged violation of probation.
When you have been given probation as part of your sentence, you will have certain requirements that must be met. This could include paying fines in a timely manner, attending specific court-mandated classes, avoiding any other arrests and passing drug testing. When an individual fails in any of their probation requirements, the judge may consider this contemptuous since a sentence of imprisonment was avoided when probation was granted to the offender.
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.
Our founding attorney is Board-Certified in Criminal Law by the Texas Board of Legal Specialization and is a former chief prosecutor and assistant district attorney, and has a great deal of knowledge and experience to offer. We know the judges, and know what to expect from them. We understand how they approach an accusation of a probation violation.
In some cases, a filing is merely the result of an administrative error. For instance, a mandated class was completed and a certificate was not received, or community service hours were not recorded by the provider. In other situations money may be the problem. An individual may not be able to pay the fines and has passed the period of time in which they must be paid. Each case is unique and must be addressed quickly and carefully by a Houston criminal defense lawyer from Chernoff Law.
Our legal team has extensive experience in criminal court, on both sides of the aisle. It is best to contact our firm at once if you have violated probation and you know a warrant has been issued. If you have already been arrested, we can seek out the alternatives available to you and advocate on your behalf. You deserve a high quality attorney that will address your case with skill, and help you avoid the severe punishments you could face in a violation of probation.
In the event that a motion for revocation is filed, we will fight to keep you out of jail. There is no right to a jury trial for an alleged violation of probation, and 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.
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.
When you need probation violation help, Chernoff Law 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.