Probation Violation Lawyer in El Paso
Strong Defense Against an Alleged Violation
If you are convicted or enter a plea to a crime in Texas, you may be placed on probation. Probation is generally imposed as a part of a person’s sentence and helps them to avoid jail time. Unfortunately, if you are found to be in violation of your probation, you may end up with severe consequences, including actual jail time.
At the Aranda Law Firm, we provide experienced representation for individuals who have been charged with a probation violation. Our experienced probation violation lawyers in El Paso will review your case and help determine the best course of action. Contact our firm today at (915) 996-9914 to schedule a confidential consultation if you believe that you may have violated your probation.
What Is a Probation Violation?
Under certain circumstances, when you enter a plea or are convicted of a crime, you may be given probation terms to avoid jail time. Probation or community supervision may be given for both misdemeanors and felonies, although some more serious felonies are not eligible for probation.
It is imperative that you speak with an El Paso probation violation lawyer to ensure you understand the terms of your probation. Violating a probation term is violating a court order and can come with significant penalties. The length of time that you are on probation will depend on a number of factors, including the type of offense, your criminal history, and the severity of the circumstances.
What Is Deferred Adjudication?
Deferred adjudication is a form of probation that may be ordered by the judge. It allows a person to delay or defer their conviction until they complete their sentence as set forth by a judge. In most cases, successful completion of the terms of probation will allow a person to avoid having a criminal conviction on their record.
Many crimes are eligible for deferred adjudication except:
- Driving while intoxicated (misdemeanor or felony)
- Operating a boat or plane while intoxicated (misdemeanor or felony)
- Intoxication assault or manslaughter
- A second or subsequent drug offense in a drug-free zone;
- A second or subsequent sexual offense
If you are placed on deferred adjudication but do not complete the terms of your probation, you could be sentenced to jail or the maximum penalties allowed by the state. Additionally, the time that you spent on deferred adjudication will not count toward your jail sentence.
What Is Straight Probation?
Another form of probation is referred to as straight probation. Straight probation is given when a person is found guilty of a crime or enters a plea to it. It is generally given in lieu of jail time. Unlike deferred adjudication, with straight probation, there typically is a conviction on the record. You may be eligible for early release from probation after a period of time, but a review must be requested.
Most Common Types of Probation Violations
Whether you are placed on deferred adjudication or probation, you will have to complete the terms of your sentencing. Failure to complete the terms of your probation can result in punishments through the criminal courts and cause your probation to be revoked.
Common types of probation violations include:
- Violation of another law
- Failing a drug or alcohol test
- Failure to complete drug or alcohol testing
- Failure to complete a court-ordered treatment program
- Failure to pay fines and fees
- Leaving the state or area
- Failing to maintain employment
- Failing to pay child support
- Failing to complete community service
Any time that you do not complete a court-ordered term of your probation, you could be found in violation. In some cases, it is as simple as not turning in your paperwork to the correct clerk, while in others, the violation is more serious. It is essential to address any probation violations as soon as possible. If found by the court, a warrant for your arrest could be issued.
Penalties for a Probation Violation in El Paso
There are a number of penalties for probation violations in El Paso, TX. Punishments for a probation violation may include jail time, an extension of your probation, a warning, or revocation of your probation. Penalties are usually based on whether the probation violation was technical or substantive.
Technical violations of probation occur when you fail to comply with a specific term of your probation, such as not showing proof of enrollment or completion of a treatment program.
Substantive violations of probation, on the other hand, involve new offenses, such as being arrested for another crime while on probation. Substantive probation violations are treated more harshly than technical violations since you may be punished for the probation violation and the new offense.
Contact a Qualified El Paso Probation Violation Lawyer Today
If you have been accused of violating your probation in El Paso, Texas, contact our firm today at (915) 996-9914 to schedule a confidential case review. Let us help you determine your legal options if you believe that you may have or have already been accused of a probation violation. Early intervention may be key to a favorable disposition in your case. Call our El Paso probation violation lawyers now to get started.
