Skip to Content
Top
Violation Of Probation

Violation of Probation in San Antonio, TX

If your probation officer has alleged that you violated a technical or substantive provision of your probation (often called ”community supervision”), then the probation office can file an affidavit asking the court to file a Motion to Revoke Probation or a Motion to Adjudicate.

These motions for probation revocation or adjudication will list the ways you did not complete the special conditions of your probation. The court will then issue a warrant for your arrest for the violation of probation.

If you are accused of a violation of probation for an underlying felony, misdemeanor or juvenile offense, then contact an experienced criminal defense attorney in San Antonio, TX, at Flanary Law Firm, PLLC.

Call (210) 899-7566 or reach out online today!

Types of Probation Violations in Bexar County, TX

The most common probation violations in San Antonio and Bexar County involve:

  • Committing a new criminal offense or violation of the law including a felony or misdemeanor;
  • Failing a drug test with a dirty urine;
  • Failing to report for a scheduled meeting with your probation officer;
  • Moving without permission (often called ”absconding”);
  • Not paying all of the fines and court costs;
  • Not paying restitution;
  • Not completing a requirement of your probation such as counseling or classes; or
  • Not completing community service.

In a probation revocation hearing, the court does not have to decide whether the violation occurred beyond all reasonable doubt. Instead, the court will use a lower standard known as the preponderance of the evidence. Furthermore, probation revocation hearings are heard before the court and not a jury.

If the court finds by a preponderance of the evidence that you violated your probation, then the court can sentence you to the maximum sentence that could have originally be imposed for that offense. So if you are on probation, then the court can sentence you to up to five years in prison.

If you are on probation with deferred adjudication, then there is no set amount of years set as your maximum punishment. Instead, you are eligible to get the entire range of punishment available.

After an arrest for a violation of probation, you are entitled to have a hearing within 21 days. If you are on probation with deferred adjudication then you are entitled to have a bond set. If you are on regular probation, then the court can, but is not required to, hold you on “no bond.

Contact Our Firm
Ready to take action? Reach out to us today and let's start working towards your legal goals together. Whether you have questions about your case, need immediate assistance, or want to schedule a consultation, our experienced team is here to help.

What Happens at the Probation Violation Hearing?

In many felony and misdemeanor cases, a person enters a plea and avoids incarceration by agreeing to be on probation as part of a negotiated plea. If the court orders a person to be on probation, the court will impose various general and specific conditions of probation. If your probation officer alleges that you violated probation, then you can be arrested and your case will be scheduled for a probation hearing.

If you are found to have violated probation or if you admit that you violated probation, then the court can impose any sentence that it could have originally imposed including time in jail or prison.

Motion to Revoke Probation in Texas

After filing a motion to revoke probation, the prosecutor in Texas must prove, by a preponderance of the evidence, that appellant violated the conditions of probation in order to succeed on a motion to revoke probation.

A plea of true to any one of the alleged violations is sufficient to support the trial court’s order of revocation. Once a plea of true has been entered, a defendant may not challenge the sufficiency of the evidence to support the subsequent revocation.

In community supervision revocation cases, a claim of insufficient evidence is limited to the traditional legal-sufficiency analysis. The State has the burden to establish by a preponderance of the evidence that appellant committed a violation of the terms and conditions of community supervision.

The preponderance-of-the-evidence standard is met when the greater weight of the credible evidence before the trial court supports a reasonable belief that a condition of community supervision has been violated.

When the State fails to meet its burden, it is an abuse of discretion for the trial court to issue a revocation order. In a revocation proceeding, the trial judge is the sole trier of the facts, the credibility of the witnesses, and the weight to be given their testimony.

Continue Reading Read Less

Why Choose Flanary Law Firm, PLLC?

  • Constant Communication
    At our firm, we always want our clients to feel empowered when defending against criminal charges. We aim to constantly communicate with our clients, answering questions and taking feedback as we progress through the case. We are always here to answer your questions or adjust your legal strategy as needed.
  • A History of Results
    With multiple decades of experience between our attorneys, we have a history of proven results and happy clients. We always aim to get a criminal case dismissed or have the charges lowered to reduce any penalties our clients are facing. We are confident we can get you the results you deserve.
  • Experience You Can Count On
    At our firm, we pride ourselves on the diverse range of criminal cases we have worked on. From federal felony charges to state misdemeanors, we know exactly how to build a defense strategy that's right for you. Our team can handle even the most complex cases and are willing to be flexible with our strategies.
  • Advice on Your Timeline
    We understand that all criminal cases work at different paces. Whether you are just looking around for a lawyer because you're under investigation or you need immediate representation, our team can help. We will work with you no matter where you are in the process to protect your rights.
  • Free Initial Consultations
    We understand that hiring a criminal defense attorney is a big decision that many people need time to make. That's why we offer all our potential clients a free consultation to see if we're the right legal team for them. We will review your case and begin building a legal strategy to defend your rights.
  • Personalized Legal Defense Strategies
    All criminal cases are different, so our dense strategies are too. We would never re-use a legal strategy from one client to the next because your case is too unique. We will always build a defense strategy that's personalized and effective for you to get the outcome you deserve.

Finding a Lawyer for Probation Violations in Bexar County, TX

If you were sentenced to community supervision (often called ”probation”) on a misdemeanor or felony offense in San Antonio, TX, then contact an experienced criminal defense attorney if your community supervision officer is going issue a violation.

Don’t just wait to be picked up on the warrant. Instead, contact a criminal defense attorney who can help you come into compliance quickly or ask the court to just reinstate your probation so that you can have another chance to complete probation.

Continue Reading Read Less

Contact Us Today FREE CONSULTATION

A member of our team will be in touch shortly to confirm your contact details or address questions you may have.

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy