Probation Violation
Probation Violation Attorney in Austin, TX
If you are charged with violation of probation, you need a skilled and experienced probation violation attorney to protect your rights. Central Texas lawyer Jason Katims will be by your side every step of the way as you face this difficult time your life. Call us today at 512-900-9769 to schedule your initial consultation.
Call us today at 512-900-9769 to schedule your initial consultation.
What to Expect
If you violate probation even once, there is a risk of going to jail. The judge has the right to issue an arrest warrant for you with no bond. This means you will need your attorney to request that the judge set a bond, which will typically be twice the amount of the original bond.
What actually happens depends on a variety of factors including whether your original offense was a misdemeanor or a felony and the seriousness of your probation violation. However, it is important to understand that the consequences are solely at the judge’s discretion. If he or she wants to punish you or make an example of you, it is as simple as issuing an arrest warrant.
Misdemeanor Probation
In most, though not all, cases, a minor first-time misdemeanor probation violation does not result in jail time. Instead, you may get a warning about future consequences along with an extension of the length of your probation. The judge may also change the conditions of your probation. You are more likely to get a favorable outcome if you have an experienced probation violation lawyer on your side.
Felony Probation
First-time violation of felony probation often has much more serious consequences, including jail time. However, if the violation was very minor, such as falling behind in your community service hours or fees, we may be able to negotiate a lesser consequence such as extension of probation length and/or change in probation conditions.
Failure to Report
Regardless of whether you are on probation for a misdemeanor or a felony, it is absolutely essential to report to your probation officer as instructed, every single time. Very few judges will grant any sort of leeway to offenders who do not report to their probation officer, even the first time.
Hearing Request
If you believe that you did not violate your probation, you may request a hearing. This means that the state must produce evidence of your alleged probation violation. This is relatively tough for you to win, so representation by an experienced probation violation attorney is crucial.
About Jason Katims, Attorney at Law
Born and raised in Texas, Jason Katims is committed to personal freedom.
In 2018, he was recognized by the American Institute of Legal Advocates as a Rising Star in the field of Criminal Law, and by the Association of American Trial Lawyers as one of the Top 40 Under 40. In 2017, the American Institute of Criminal Law Attorneys recognized him as one of the 10 Best Attorneys in Texas.
Frequently Asked Questions
How long do you go to jail for a probation violation?
If you go to jail for a probation violation, you may potentially need to serve out your entire original sentence. That said, if your crime and/or probation violation is minor, you are more likely to receive a warning or a change in the conditions or length of your probation, especially when you have a skilled criminal attorney by your side.
Can you bond out on a probation violation in Texas?
In the state of Texas, probationers are entitled to get a bond if they are on deferred adjudication probation. In certain circumstances, conviction probationers may also be able to post bond.
What happens if you violate felony probation in Texas?
When you violate felony probation in Texas, a judge can issue a warrant for your arrest. Depending on the severity of your violation, you may need to serve out your entire original sentence.
Do you automatically go to jail for violating probation?
No, you are more likely to receive a warning or have your probation terms changed if you violate probation. If, however, you have a history of repeated violations, you have a higher likelihood of being made to serve out your full jail sentence.
What happens if your probation is revoked in Texas?
If your probation is revoked, the judge may mandate that you serve out your full jail sentence. In such cases, it is critical to have a knowledgeable criminal attorney by your side to fight for you.
Can you leave Texas while on probation?
The only way to leave Texas while on probation is with written permission from your probation officer. If you plan on traveling out of the country, approval is needed from your sentencing judge.
What happens if you violate probation twice?
If you violate probation twice, you are more likely to receive harsher punishment. Each time you incur a violation, your likelihood of going to jail increases.
What does deferred adjudication probation mean in Texas?
This type of probation allows a case to be dismissed if probation is successfully completed. To receive this type of probation, defendants enter a guilty plea, then the judge defers the finding of guilt.
Can a probation violation be dismissed?
Yes, a judge or prosecutor can dismiss probation violation charges. An attorney who specializes in dealing with probation can help you make the case for dismissal.
Can I drink alcohol while on probation?
If you’re of legal drinking age and the terms of your probation do not state otherwise, you are allowed to consume alcohol while on probation. It’s best to do so in moderation, of course, and to avoid driving afterwards.
Can I move out of Texas while on probation?
There are certain circumstances, like moving to accept a job offer, in which you will be allowed to move out of Texas while on probation. Your probation is then transferred to the state that you’re relocating to.
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