Houston Probation Violation

In many cases, probation offers individuals a second chance. However, a probation violation can have serious consequences, up to and including a complete revocation of the probation. If you are currently charged with a probation violation in Houston, you should contact Benavides Law Group right away. Attorney Eric Benavides can meet with you to discuss your situation, determine your legal options, represent you at your probation violation hearing, and pursue the best possible result available in your case.

For a free case evaluation and legal consultation with an experienced Houston probation violation lawyer, please call us at (713) 222-2828 or contact us online today for more information.

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Why Should We Represent You?

If you are currently charged with violating your probation, you want a skilled criminal defense attorney in Houston to represent you at all times. Experienced lawyer Eric Benavides at Benavides Law Group has successfully defended countless individuals facing criminal charges – including individuals charged with violating their probations. He has a strong track record of success, both with obtaining complete case dismissals or acquittals – and with securing favorable plea deals from state prosecutors in Texas. He will advocate aggressively on your behalf and work hard to secure a favorable result in your probation violation case.

You can see our most recent case results and client testimonials on this site. Benavides Law Group is conveniently located at 2180 North Loop West, Suite 310, Houston, TX 77018.

Types of Offenses in Houston that May Result in Probation

In Houston, Texas, probation is a common alternative to incarceration for various criminal offenses. It allows individuals to serve their sentences in the community under certain conditions rather than in jail or prison.

• Misdemeanor Offenses: Many misdemeanor offenses, such as petty theft, simple assault, or minor drug possession, can result in probation. These crimes are typically less severe than felonies and often carry penalties that include fines, community service, or a short jail sentence, which can be suspended in favor of probation.
• Drug Offenses: Non-violent drug offenses, such as possession of small amounts of marijuana or controlled substances, may also lead to probation. Texas has programs aimed at rehabilitation for first-time offenders, which can allow them to complete treatment programs instead of serving time.

• DWI (Driving While Intoxicated): First-time DWI offenders may be eligible for probation, especially if their blood alcohol content (BAC) was just above the legal limit. Courts often require participation in alcohol education programs and regular check-ins as part of the probation terms.

• Theft and Property Crimes: Offenses like shoplifting or vandalism, particularly when the value of the property is low, can result in probation. Courts may focus on restitution to victims and community service as conditions for probation.

• Assault Charges: In cases of simple assault, where no severe injury occurred, probation can be an option. The court may mandate anger management classes or community service to address underlying issues.

• Juvenile Offenses: Juveniles charged with various offenses, including status offenses like truancy, often receive probation as a means of rehabilitation rather than punishment. This allows young individuals to learn from their mistakes without the long-term consequences of a criminal record.

• Repeat Offenses: Individuals with prior convictions may still receive probation for less serious offenses – particularly if they demonstrate a willingness to reform and comply with the law.

Probation terms typically include regular check-ins with a probation officer, compliance with treatment programs, and restrictions on travel and association with certain individuals. Successfully completing probation can lead to the dismissal of charges, making it a valuable option for many individuals in Houston.

Supervised Versus Unsupervised Probation in Houston

In Houston, Texas, probation is an alternative to incarceration that allows individuals to serve their sentences in the community under specific conditions. There are two primary types of probation: supervised and unsupervised.

• Supervised Probation: This type of probation requires individuals to report regularly to a probation officer. The frequency of these check-ins can vary based on the nature of the offense and the individual’s circumstances. During these meetings, the probation officer monitors compliance with the terms of probation, which may include attending counseling, completing community service, or avoiding certain individuals or places. Supervised probation is typically imposed for more serious offenses, where close monitoring is deemed necessary to ensure public safety and adherence to the probation conditions. The probation officer plays a crucial role in providing support, resources, and guidance, but they also have the authority to impose consequences for non-compliance, such as additional restrictions or even revocation of probation.

• Unsupervised Probation: In contrast, unsupervised probation does not require regular meetings with a probation officer. Individuals are still expected to adhere to certain conditions that the court sets, such as avoiding criminal activity, paying restitution, or completing community service. However, the lack of direct supervision means that individuals have more freedom and responsibility to manage their own compliance. Unsupervised probation is often granted for less- serious offenses or when the court believes the individual poses a lower risk to society. This type of probation allows for greater freedom but requires individuals to be self-motivated to fulfill the terms without external oversight.

Overall, the key difference lies in the level of supervision and monitoring. Supervised probation involves regular check-ins and oversight, while unsupervised probation allows for more personal responsibility. Both types serve the purpose of rehabilitation and reintegration into society, but the conditions and expectations differ significantly based on the nature of the offense and the individual’s history.

Types of Activities that May Constitute a Probation Violation in Houston

In Houston, Texas, individuals on probation must adhere to specific conditions that the court establishes. Violating these conditions can lead to serious consequences, including the potential revocation of probation.

• Committing New Crimes: One of the most clear-cut violations is committing any new criminal offense while on probation. This includes both misdemeanors and felonies. Engaging in criminal activity undermines the purpose of probation and can lead to immediate repercussions.

• Failing to Report: Probationers under supervised probation are typically required to meet regularly with a probation officer. Failing to attend scheduled meetings or not reporting changes in residence or employment can result in a violation. Communication is key, and any failure to keep the probation officer informed can have serious consequences.

• Substance Abuse: Many probation conditions include the requirement to abstain from drugs and alcohol. Failing a drug test or being caught using illegal substances is a significant violation. Courts often mandate drug testing, and a positive result can lead to sanctions or revocation.

• Ignoring Court Orders: Courts often impose specific conditions, such as completing community service, attending counseling, or participating in educational programs. Failing to fulfill these obligations can be considered a violation. For example, if a probationer does not complete their community service hours or attend mandated therapy sessions, they risk facing penalties.

• Associating with Certain Individuals: Probation conditions may prohibit contact with specific individuals, particularly those involved in criminal activities. Violating this condition by associating with known criminals can result in a probation violation.

• Traveling Without Permission: Individuals on probation are usually restricted from traveling outside certain geographic boundaries without permission. Leaving the area without prior approval from the probation officer can be seen as a violation.

• Non-Payment of Fines or Restitution: Courts may require probationers to pay fines, fees, or restitution to victims. Failing to make these payments on time can also lead to a violation, as it demonstrates a lack of compliance with court orders.

What are the Potential Consequences of Violating Your Probation in Houston?

Violating probation in Houston, Texas, can lead to a range of serious consequences, significantly affecting an individual’s life and future. The repercussions depend on the nature of the violation, the individual’s prior record, and the specific conditions of their probation.

• Revocation of Probation: One of the most immediate consequences of a probation violation is the potential for revocation. This means that the court may terminate probation and impose the original sentence, which can include jail or prison time. The severity of the violation and the circumstances surrounding it will influence the judge’s decision.

• Increased Supervision: In some cases, instead of revoking probation outright, the court may impose stricter supervision conditions. This can include more frequent meetings with a probation officer, additional drug testing, or participation in rehabilitation programs. This heightened oversight can add stress and limit personal freedom.

• Fines and Fees: Courts may impose additional fines or fees as a consequence of a violation. This financial burden can add to the existing probation obligations and create further difficulties for the individual.

• Community Service Requirements: A judge may increase the amount of required community service hours as a consequence of a violation. This can be time-consuming and may interfere with work or other responsibilities.

• Jail Time: For serious violations, particularly those involving new criminal offenses, individuals may face immediate jail time. Even minor violations can lead to short-term confinement, disrupting daily life and responsibilities.

• Effect on Future Sentencing: A probation violation can have long-term consequences for future legal issues. If an individual is charged with a new offense, a history of probation violations can lead to harsher sentences or reduced plea bargain options.

• Criminal Record Implications: Violating probation can complicate efforts to have a criminal record sealed or expunged in the future. A violation adds to the individual’s legal history, making it more challenging to pursue opportunities like employment, housing, or education.

What Happens at a Probation Violation Hearing in Houston?

In Houston, Texas, a probation violation hearing is a critical legal proceeding that determines whether an individual has violated the terms of their probation.

• Notification of the Hearing: When a probation violation is suspected, the probation officer files a motion to revoke probation. The court then schedules a hearing, and the individual is notified of the date and the nature of the alleged violations.
• Presentation of Evidence: During the hearing, both the prosecution and the defense present evidence. The prosecution must demonstrate that a violation occurred, often through testimony from the probation officer or other witnesses. This may include evidence of new criminal activity, failure to report, or non-compliance with specific conditions.
• Accused’s (Defendant’s) Opportunity to Respond: The individual accused of the violation has the right to defend themselves. They can present their own evidence, call witnesses, and testify. This is a critical opportunity to explain the circumstances surrounding the alleged violation and to lessen the consequences.
• Judge’s Decision: After both sides present their cases, the judge will make a determination. If the court finds that a violation occurred, it will decide on the appropriate consequences, which may include continued probation, stricter conditions, or revocation.

How Can We Assist You During the Probation Violation Hearing?

Attorney Eric Benavides at Benavides Law Group can aggressively advocate for your interests during a probation violation hearing in court.

• Legal Representation: Attorney Eric Benavides will represent you throughout the hearing. At Benavides Law Group, we understand the nuances of the law and can advocate effectively on your behalf, ensuring that your rights are protected.
• Preparing Your Legal Defense: We will work closely with you to gather evidence, identify witnesses, and develop a strong defense strategy tailored to your specific circumstances. This preparation is crucial for presenting your case effectively.
• Emotional Support: Facing a probation violation hearing can be stressful. We provide not only legal support but also emotional guidance, helping you navigate the process with confidence.
• Negotiation Skills: If appropriate, we can negotiate with the prosecution for alternative resolutions, such as reinstating probation with modified terms instead of revocation.
• Post-Hearing Guidance: Regardless of the outcome, we will guide you on the next steps, whether it involves appealing the decision or complying with new probation terms.

Speak with an Experienced Houston Probation Violation Attorney Today

If you are currently charged with violating your probation in Houston, it’s essential that you have a skilled lawyer representing you throughout the process. At Benavides Law Group, we will aggressively fight for your interests, safeguard your rights, and pursue the best possible result in your probation violation case.

For a free case evaluation and legal consultation with a skilled criminal defense attorney in Houston, TX, please call us at (713) 222-2828 or contact us online today to learn more.

Our Houston Office Location

2180 North Loop,
West Suite 310
Houston, TX 77018