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Probation Violation

Austin Probation Violation Defense Attorney

What is Probation?

Probation, also known as community supervision, is where you have been determined guilty of an offense but instead of serving jail time, the Judge orders you to follow certain conditions. There are many standard conditions you must follow, and if probation believes you are not abiding by these conditions, then they can recommend your probation be revoked and you sent to jail. If there is ever a motion to revoke your probation, you have a right to have a criminal defense lawyer represent you.

Often, probation revocation cases are about mitigating the conduct alleged as opposed to disproving the violations. Probation violations aren’t about finding you guilty beyond a reasonable doubt of the underlying offense but about the state being able to prove that you more likely than not didn’t follow the terms of your probation. If the state thinks you violated any condition, they will file a motion and the court will either issue a warrant or summons you to court to hear the motion. Many times, our Austin probation violation defense lawyer at The Law Office of Will Mitchell can settle these cases without you being sent to jail. Everything depends on what violations the state alleges.

If you or a loved one has been accused of violating probation in Austin, contact us today at (512) 858-8611 and request a free initial consultation. 

Types of Probation in Texas

There are 2 types of community supervision in Texas for felonies and misdemeanors:

  • Simple Straight Probation - is where you are found guilty on a charge, and you are sentenced to a certain amount of jail time, but that sentence is suspended/probated for a term so long as you complete all your conditions.
  • Deferred Adjudication - is where you have not been found guilty and are not sentenced to any jail time, rather, the finding of guilt is probated while you complete your terms and conditions of community supervision.

What are Standard Probation Conditions?

Standard probation conditions in Texas include but are not limited to the following:

  • commit no new offenses
  • abstain from the use of any alcohol or drugs
  • no traveling without permission
  • report as directed to your supervisor
  • provide a sample of breath or urine on request
  • pay your court ordered monies.

A judge may impose any other reasonable condition of probation. The maximum length of misdemeanor probation is two years and the maximum length of a felony probation is 10 years.

What are the Common Examples of Probation Violations in Texas?

Probation violations in Texas can vary depending on the specific terms and conditions of a person's probation, but some common examples of probation violations in Texas include:

  • Failure to report to a probation officer or make false statements to a probation officer.
  • Commit a new offense while on probation.
  • Engage in criminal activities or associate with individuals who have a criminal record.
  • Fail a drug or alcohol test or using drugs or alcohol.
  • Use or possess of illegal drugs or weapons.
  • Fail to pay court-ordered fines or restitution.
  • Fail to complete court-ordered programs or treatment (e.g., anger management or substance abuse treatment)
  • Fail to comply with specific conditions of probation, such as attending school or maintaining employment.
  • Leave the state or county without permission from a probation officer.

What are the Consequences for Violating Probation in Texas?

If a person violates their probation in Texas, they may face additional penalties, including extended probation, fines, community service, or even jail time. Additionally, Texas has a specialized court system called "drug courts" that offer treatment and support to individuals with substance abuse issues who are on probation. If a person on probation violates their conditions related to drug or alcohol use, they may be referred to a drug court for further evaluation and treatment.

If you successfully complete your probation, there is never a conviction (or a finding of guilt) and the charge is essentially dismissed. However, if a judge finds that you did not successfully complete the terms and conditions of probation then you are not only subject to a finding of guilt, you are exposed to the entire punishment range of the charge that was probated. To you, although the consequences may be different, the behavior expected is the same.

Contact Our Austin Probation Violation Attorney Today

In order to be convicted of violating probation, there must be intent to willfully disobey the terms and conditions of the sentence. If there is no intent, then your case will be dismissed. At The Law Office of Will Mitchell, we have more than 18 years of experience defending clients in Austin, Travis County, and throughout Central Texas.

For more information about probation, call our Austin probation violation today at (512) 858-8611. 

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  • "Because of his true compassion and integrity I would recommend this expert lawyer to anybody!!"
    Will Mitchell was very genuine when working my case. He went above and beyond to make sure I was treated fairly. He makes great effort to ease your mind by getting to the point. He gives a full run down of all possibilities and how he plans to help your situation. I always felt Will was on my side which provided great comfort. I never felt out of the loop or left wondering. Will Mitchell is a very grounded person with intellect and great understanding of both people and the judicial system. Because of his true compassion and integrity I would recommend this expert lawyer to anybody!!
    Stephanie
  • "He was very personable."

    I reached out to Will after finding his name through a Google search. I was not looking for DWI consultation but for unpaid tickets and a suspended license issue. He was very personable on the phone, and he listened to me explain what I needed help with. He didn't rush the call or make me feel like another dollar in his pocket. I was able to resolve my issues because of the information Will provided. If needed, Will will be the first lawyer I contact to help me with my driving issues because he was so helpful in this case.

    Former Client
  • "Will has saved my life!"
    Will has saved my life! I was moving to Virginia on a probation transfer to be with my fiancé and because of Will I was able to make it happen, he responded to all my calls when I was freaking out and assured me exactly what he could do which made me calm plus he did exactly what he said he would, you don’t understand how much I appreciate you, Will!
    Haden H.
  • "The man knows how to right a wrong."

    Mr. Mitchell worked on having my charges dropped and my clean record reinstated. The man knows how to right a wrong.

    Sam G.
  • "Very competent and dependable."

    Will is a very competent and dependable attorney.

    Eljavier C.
  • "Will Mitchell did an amazing job getting my case dismissed!"
    Will Mitchell did an amazing job getting my case dismissed! After failed attempts with several other top attorneys in Austin Will was able to fight for me to get my life back on track. I’m very thankful for his hard work and effort to do what others could not do. If you need an attorney to fight for you and get the job done Will Mitchell is the man. Don’t waste your time with others who will only take your money and not care what happens to you or your future. Thanks, Will.
    Former Client
  • "I was amazed by his expertise and felt completely confident with his handling of my case."
    Will handled my case in a very timely, professional manner. He worked with me financially, and helped get me through a very stressful situation. I was amazed by his expertise and felt completely confident with his handling of my case. I would recommend him to anyone I know.
    Jennifer S.
  • "Highly knowledgeable with the utmost professionalism."
    Greatest Criminal Defense Attorney! Highly knowledgeable with the utmost professionalism. I was charged with a DWI 2. Attorney Will worked very hard for me and got it reduced to a DWI one, no probation, no fines, just court costs. I couldn’t ask for a better attorney!
    K.L.