For folks convicted of a crime, probation is like a second chance. It’s an opportunity to avoid incarceration while adhering to specific court-mandated conditions. Probation & parole are also referred to as “community supervision” in some Texas legal jurisdictions.
What happens if you violate the terms of your probation or parole agreement?
Violating the terms of your probationary agreement comes with consequences. If you violate, you’ll have to contend with the revocation of your probation privilege, which will force you to serve your original sentence.
If you’re in a situation where this has happened to you, contact Houston criminal defense lawyer Tad Nelson today. Schedule your free consultation so we can review your situation by calling 713-802-1631. You may also send us a message form.
Understanding Texas Probation Violations
Types of Probation Violations
Technical violations
Probation & parole violations occur when you fail to comply with specific terms of your agreement. A violation could be missing a meeting with your probation officer, failing a drug test, or not completing any mandated community service orders.
Substantive violations
If you’re arrested for committing a new crime while on probation, it’s a substantive violation. This means an arrest for a new offense violates both the law and the terms of your probation.
Your Rights When Facing Probation or Parole Violations
Your Rights When Facing Parole Violations
A parole violation will trigger a series of legal processes. Under Texas law, you’re entitled to a preliminary hearing to determine if there’s probable cause to believe a violation occurred.
If probable cause is found, there will be a revocation hearing. During the hearing, the Texas Board of Pardons and Paroles will decide your fate.
(If you’re on probation, the DA and the judge will make this determination.)
During these hearings, you’ll have the right to legal representation. If The Law Offices of Tad Nelson & Associates is representing you, we’ll present evidence in your defense and aggressively question any witnesses.
The state must prove by a preponderance of the evidence that a parole violation happened. Texas Administrative Code Title 37, Part 5 dictates the hearing procedures.
Defense Strategies for Probation & Parole Violations
Lack of Evidence
The state must provide sufficient evidence that you violated the terms of your probation. If the evidence is weak or non-existent, we’ll be in a good position to argue for dismissal.
Reasonable Excuse
Sometimes, circumstances beyond your control can hinder your compliance with probation terms. Medical emergencies happen. Unforeseen hardships & honest mistakes can serve as reasonable excuses. If there’s a case to be made on your behalf, we’ll get it done.
Compliance Efforts
Showing that you made genuine efforts to comply with probation conditions, even if you fell short, can influence the judge’s decision. Providing proof of attending rehabilitation programs can be helpful. Also, securing employment & participating in community service are huge pluses.
Unlawful Arrest
If the alleged violation involves a new crime and you were wrongfully arrested, the revocation of your parole or probation might be avoided. If we prove that the arrest was unlawful or that the charges are baseless, it’ll help us fight the probation violation. If you’re in this situation and have questions, call us.
Facing Parole or Probation Revocation in Houston?
Call Tad Nelson & Associates, Experienced Criminal Defense Lawyers
When facing probation or parole violations in Harris County, having an experienced criminal defense lawyer can make the difference between returning to jail and staying home.
At Tad Nelson & Associates, we’ve helped people by leveraging our knowledge of Texas laws on probation revocations for over 30 years. Let us help you. Our team, led by Attorneys Tad Nelson and Amber Spurlock, is dedicated to providing you with the best legal representation possible in these situations.
Mr. Tad Nelson is Board Certified® in Criminal Law by the Texas Board of Legal Specialization™. As our leader and founder, he brings a wealth of tactical knowledge to every case.
Need help defending against probation or parole violation charges in Houston, Galveston, or the Greater Houston area? Call us for legal assistance. We can be reached at 713-802-1631. You can also send us a message form from this website.
Schedule your free consultation today. We’re committed to achieving the best possible outcome for your case.
Additional Resources
The links below are to laws and procedures related to probation & parole violations.
