It is considered a “second chance” when a Texas Judge grants probation to a Texas defendant. It is crucial that defendants make the most of the opportunity as Courts are more hesitant when it comes to granting additional opportunities. Unfortunately some defendants fail to meet the terms of their supervision and they later face probation revocation proceedings as a result. Many believe they have no options once the revocation process has begun. The fact of the matter, however, is that it may be possible to gain a reinstatement of one’s supervision. It may also be possible to outright defend one’s self against the revocation request. If you or a loved one are facing revocation proceedings then it is crucial that you contact a criminal defense lawyer immediately. Dan Dworin is an Austin attorney handling revocation proceedings and he has been protecting the rights of defendants since 1995. We understand that you are facing a serious situation and our office will take it seriously. Contact us today.
Austin lawyer assisting those accused of violating probation
Probation is seen as a second chance. A Texas defendant will be sentenced at the time they are placed on probation. They will not have to serve the sentence, however, as long as they meet the terms of their supervision. These terms may include regularly checking in with a supervisor, taking regular drug tests, performing community service, and other requirements. Violating the terms of supervision can result in the supervisor filing a report and requesting that the defendant’s probation be revoked; simply violating one’s requirements can result in this request and the defendant does not need to have committed a new crime to face revocation. When the matter reaches a hearing the Court can either revoke the defendant’s probation and impose the original sentence, reinstate the defendant under their prior obligations, or allow the defendant to remain on probation with additional requirements in place.
There are several reasons why a probation officer may file a Notice with the Court which states that the defendant has violated the terms of their supervision. Some of the more common reasons include:
- The defendant committed a new offense
- The defendant failed to check in with their officer or keep their address information up to date
- The defendant failed a drug test
- The defendant failed to perform community service or other requirements
Once the Notice of Revocation is filed then the Court will place the matter on its calendar. The probationer’s attorney will attempt to negotiate with the prosecutor in order to reach an agreement which reinstates probation. This agreement will often include additional requirements such as a longer term of supervision, increased drug testing, mandatory classes, etc. If an agreement for reinstatement cannot be reached then the matter will proceed to a hearing. The accused will present evidence as to why they deserve another chance and/or which demonstrates that they, in fact, did not violate their supervision. The decision as to whether one’s probation should be reinstated rests with the Judge and it is possible to gain a reinstatement over the objection of the supervisor or prosecutor. Defending against revocation proceedings is complicated and one should retain an experienced attorney to help them.
Dan Dworin is an Austin criminal defense lawyer assisting those charged with violating their probation. Dan is certified by the Texas Board of Legal Specialization as a specialist in criminal law and he devotes his practice to protecting the rights of the accused. He will immediately reach out to the prosecutor and begin the process of negotiating a reinstatement. If an agreement cannot be reached then Dan will gather evidence of the efforts one has made, while under supervision, to be a productive member of society. He will make sure that you are prepared for a revocation proceeding and will vigorously defend the case. The revocation of supervision can be devastating to one’s future and our firm will give your case the attention it deserves. Contact us today.
Austin attorney providing quality service during probation revocation proceedings
One has enough to worry about when they are facing probation revocation proceedings. They should not have to be concerned about the level of service they receive from their attorney. Dan quickly responds to emails and promptly returns phone calls. He makes sure that he is available to answer your questions and that you know what to expect from the process. He prides himself on providing a high level of service and this is our promise to each of our clients.
In addition to Austin, our firm also serves the cities of Rollingwood, Round Rock, Elgin, Jonestown, Manor, Bee Cave, Lago Vista, Sunset Valley, Lakeway, Creedmoor, Georgetown, Cedar Park, Leander, and San Marcos, Texas.