San Antonio Probation Violation Defense Attorney
Experienced Legal Support for Probation Issues
The Law Office of John J. Fox is experienced when it comes to handling all types of criminal cases including probation violations. After being charged for a crime, the court will generally order probation as a part of the sentence. The person convicted of a crime must complete and abide by all terms and regulations in the probation. If your probation officer believes that you violated any part of your probation you could be at risk of a probation violation and you may be arrested. Regardless of the type of probation violation, you need a skilled San Antonio criminal defense attorney to represent you.
Common Probation Violation Scenarios in San Antonio
Probation is generally preferred and used as an alternate to a jail sentence. This gives the defendant a second chance to remain in the community even after being convicted for a crime. The requirements involved with probation are strict; however, and must be followed.
Here are some of the situations that could constitute a violation of your probation:
- Failing to attend a court appearance
- Failing to pay a court-ordered fine
- Failing to report to your probation officer when scheduled
- Leaving the state without permission
- Visiting certain people without permission
- Being arrested for another crime
- Failing to abide by curfews or restrictions
- Failing a drug test or urine analysis
Understanding the Consequences of Probation Violations
There are severe penalties for violating the terms of probation and the punishments could be harsher than your original criminal penalties. Violating probation is a federal offense and the judge generally has discretion on the penalties of this violation. The consequences could include any of the following penalties:
- Jail sentences
- Community service
- Rehabilitation
- Boot camp
- Large fines/ restitution
- Revoked probation
If your probation is revoked you could have to serve the remaining term of your sentence in prison rather than in the community. If you have been arrested for a probation violation, you need to be aware of your legal rights.
Your Rights During a Probation Hearing in San Antonio
Once arrested for a probation violation, you have rights that may help you minimize or avoid penalties. You generally have the right to receive a notice of your alleged violations in writing. You also have the right to be heard in court by a judge and can have an attorney present to represent you. Lastly, you can present evidence along with witnesses to speak on your behalf and support your case. Regardless of if you meant to violate your probation or not, you may still be charged for the violation.
Strategies for Addressing a Motion to Revoke Parole
Teaming up with an experienced criminal defense lawyer from our firm may be helpful. We are familiar with the probation violations and Motion to Revoke Parole process and can ask the judge to set a new bond in order to prevent incarceration. We can also ask for a Motion to Revoke and fight for a second chance at probation. These are proactive steps we can take and by letting the court know about your transgression right away, it may help you in your case later on. A Motion to Revoke is similar to a probation violation except there is no way to bond out of a parole warrant. The warrant forces you to stay in jail until your hearing. Also, a Motion to Revoke case is argued in front of an administrative hearing officer rather than a judge.
If you have violated your probation and are looking to take active steps to avoid getting arrested, come to The Law Office of John J. Fox. We may be able to help you avoid a violation charge. If you have already been arrested for a probation violation, a skilled San Antonio criminal defense lawyer may be able to help you avoid jail time and other penalties.