Probation Defense: Protecting Your Second Chance

Probation provides individuals in Texas with an opportunity to serve their sentence in the community under specific conditions rather than behind bars. However, probation is not a guaranteed escape from incarceration. Certain actions can prompt the government to file a motion to revoke probation, potentially leading to jail or prison time.

Common Reasons for Probation Revocation

A motion to revoke probation is usually initiated by a probation officer or prosecutor and may be based on allegations such as:

• Committing a new criminal offense
• Failing to report to your probation officer
• Missing scheduled visits with your probation officer
• Not paying fines or restitution as ordered
• Testing positive for controlled substances or alcohol
• Associating with known felons
• Leaving the state without permission
• Violating orders to avoid specific individuals or places

The Revocation Process

If you face a motion to revoke probation, it’s important to understand the process:

• No Jury Trial: Probation violations are determined in a hearing before the judge, not a jury.
• Lower Evidence Standard: The prosecutor only needs to prove a violation by a preponderance of the evidence, which is a lower standard than required in criminal trials.
• Your Defense: You will be granted a court hearing where you can plead “true” or “not true” to the alleged violations and present your defense.

Defending Against a Motion to Revoke Probation

There are several strategies to protect your probation status:

1. Proving Innocence If accused of committing a new crime, you can present evidence such as witness testimony, security footage, or other supporting documents to prove your innocence.
2. Explaining Non-Compliance If you missed a report, payment, or class due to unavoidable circumstances like a medical emergency or job loss, you can provide documentation to support your explanation.
3. Challenging the Violation’s Validity Mistakes can happen. If you believe the alleged violation is inaccurate—such as an error in drug testing or a probation officer’s report—you can challenge its validity.
4. Demonstrating Rehabilitation Efforts Showing progress toward rehabilitation can strengthen your defense. Completing counseling, rehab programs, finding employment, or pursuing education demonstrates your commitment to improvement.
5. Negotiating Alternatives Sometimes, it’s possible to negotiate a solution, such as extending probation, adding conditions, or agreeing to participate in a rehabilitation program to avoid revocation.

Why You Need an Experienced Attorney

Fighting a probation revocation can be challenging, but you don’t have to face it alone. At Murphy & Baker Law Firm, we have extensive experience defending clients against probation revocation motions. We’ll work tirelessly to build your defense, protect your rights, and help you maintain your second chance.

Disclaimer
The information provided on this website is for general informational purposes only and should not be considered legal advice. Viewing this website or communicating through it does not create an attorney-client relationship. An attorney- client relationship is established only through a signed agreement with Murphy & Baker Law Firm, PLLC. 

Contact us today to schedule a consultation and learn how we can help you defend against a motion to revoke probation.