Houston Probation Violation Lawyer

Experienced Defense for Probation and Deferred Adjudication Violations in Houston.

If you have already been convicted of a crime and are serving probation, any sort of mistake could make the difference between remaining free and spending years behind bars. Many times, you may not even realize you are making a mistake, only to have your probation officer arrest you again for a probation violation. If you’ve been charged with a probation violation in Houston or Harris County, it’s important to take steps to protect your rights. A conviction could result in hefty fines and jail time, potentially sending you back to custody to serve your original sentence.

We here at Lisa Shapiro Strauss Attorney at Law can help. Our law firm is led by Lisa Shapiro Strauss, a Former Prosecutor with 25 Years of Experience defending against criminal charges. Serving clients throughout the Houston area, Lisa has a deep understanding of Texas criminal law and what may or may not constitute a valid probation violation. Our firm provides aggressive defense for individuals facing probation violation allegations.

Understanding Probation & Its Rules in Texas

Probation, also known as community supervision, is a legal agreement that allows someone who has been convicted of a crime to avoid jail time, as long as they follow certain rules set by the court. It’s like being given a second chance to live in the community while showing that you can follow the law and meet the court’s requirements.

What Are the Rules of Probation in Texas?

When someone is on probation in Texas, they have to follow specific rules, often referred to as conditions of probation. These rules are set by the judge and supervised by a probation officer. Common conditions might include:

Meeting regularly with a probation officer.
Staying away from drugs and alcohol (often includes mandatory drug testing).
Paying fines, court fees, or restitution to victims.
Attending counseling or treatment programs.
Avoiding any criminal activity (most significant rule).
Maintaining steady employment or actively seeking work.
Reporting any change in address or employment.
Asking for permission before leaving the county or state.
Avoiding contact with the alleged victim in certain case

Breaking these rules can lead to serious consequences, including the possibility of jail time and revocation of your probation.

Is Deferred Adjudication the Same as Probation?

No, deferred adjudication and probation are not the same, though they are similar and both involve community supervision.

Probation vs. Deferred Adjudication

Probation (Regular Community Supervision): A person is convicted of a crime but allowed to stay out of jail or prison if they successfully follow the court’s rules and conditions for a set period. If they violate probation, the judge can impose the original sentence.
Deferred Adjudication Community Supervision: The court delays entering a finding of guilt or a conviction. The person pleads “guilty” or “no contest,” and the judge defers finding them guilty and places them on supervision with conditions similar to probation. If the person successfully completes the terms set by the court, the charge might be dismissed, and they can potentially seek non-disclosure to seal the record. If they violate the terms, the judge can find them guilty and impose any punishment within the statutory range for the original offense, up to the maximum penalty.

Understanding these terms is important because they can significantly affect a person’s criminal record and future opportunities. Violating deferred adjudication can have severe and unpredictable consequences, as the judge has wide discretion in sentencing. If you’re unsure about your probation or deferred adjudication terms, or are accused of a violation, it’s crucial to talk to an experienced lawyer in Houston who can help.

Types of Probation Violations

When someone is on probation or deferred adjudication, they are required to follow specific rules set by the court. Failing to follow these rules is called a probation violation (or a violation of deferred adjudication terms). In Texas, there are typically two main types of probation violations: technical violations and substantive violations.

Technical Violations

A technical violation happens when someone breaks a rule of their probation but does not commit a new crime. These violations might include:

Missing an appointment with a probation officer.
Failing to pay fines, court fees, or restitution.
Skipping required counseling or treatment programs.
Violating a curfew or travel restrictions.
Failing a drug or alcohol test.
Failing to report a change in address or employment.

Although these violations might seem minor, they can still have serious consequences, especially if they are repeat violations or combined with other issues.

Substantive Violations

A substantive violation occurs when a person on probation or deferred adjudication is accused of committing a new crime. This type of violation is taken very seriously because it shows that the person may not be following the law while on supervision.

Common examples in Houston or Harris County include:

Being arrested for theft, assault, or other criminal charges.
Driving while intoxicated (DWI).
Drug possession or distribution charges.
Violation of a protective order.

Substantive violations can lead to probation or deferred adjudication being revoked, meaning the person could face the original sentence, including jail or prison time.

Steps in the Probation Revocation Process in Texas

If someone is accused of violating the terms of their probation or deferred adjudication, the court in Texas will follow a specific legal process to decide whether the supervision should be revoked and what consequences the person will face.

Here are the main steps in the probation revocation process in Texas:

Probation Revocation Process

Allegation of a Violation: The process begins when a probation officer or another authority (like a police officer from Houston or Harris County) reports that a probationer has violated the terms of their probation.
Arrest or Notification: In some cases, the person may be arrested immediately if the violation is serious, such as being charged with a new crime. This often involves being taken into custody in Houston or Harris County. For less severe violations, the probationer might be notified of the alleged violation and required to appear in court for a hearing.
Filing of a Motion to Revoke or Adjudicate: The prosecutor in the Harris County District Attorney’s Office will file a Motion to Revoke Probation (MTR) with the court. This document explains the alleged violations and asks the court to take action, such as revoking probation or modifying the terms. For individuals on deferred adjudication, a Motion to Adjudicate (MAJ) is filed instead of an MTR. An MAJ asks the court to find the person guilty and impose a sentence.
Probation Revocation Hearing: The probationer has the right to a hearing before a judge in a Harris County court to respond to the allegations. This hearing is held in front of a judge, not a jury. At the hearing, the prosecutor presents evidence of the alleged violation(s), and the probationer and their attorney can challenge the evidence, present their own evidence, and call witnesses.
The Judge’s Decision: After hearing the evidence, the judge will decide whether the probationer violated the terms. If the judge finds that there was a violation, they will decide what the consequences will be (see Penalties section). The judge has considerable discretion, especially in deferred adjudication cases.
Appeal (if applicable): If probation is revoked, the probationer may have the option to appeal the judge’s decision. An experienced attorney can advise on whether this is a viable option and help navigate the appeals process.

Why Legal Representation Is Crucial in This Process

The probation revocation process in Texas can be overwhelming and stressful. Having an experienced attorney familiar with Harris County procedures to represent you during the hearing is critical. They can build a strong defense, challenge evidence, and work to minimize the consequences of the alleged violation.

Consequences of Probation Violations in Harris County

When an individual on probation or deferred adjudication in Harris County violates the terms set by the court, several consequences may follow, depending on the type of violation and how serious it was.

Potential Consequences

Warning: For minor or first-time technical violations, the probation officer or the court may issue a warning.
Modification of Supervision Terms: The court might modify the existing terms, such as extending the period, imposing additional community service hours, mandating counseling, or increasing check-ins.
Short-Term Jail Sanctions: For some violations, the judge might order a short period in the Harris County Jail (e.g., 3-30 days) as a sanction, without fully revoking supervision.
Revoking Probation or Adjudicating Guilt: If the judge determines a significant violation occurred, they may revoke probation (for regular probation) or adjudicate guilt (for deferred adjudication), resulting in the individual serving the original jail or prison sentence associated with their conviction. For deferred adjudication, the judge can impose any sentence within the statutory range for the original offense.

Factors Influencing Consequences in Harris County

The exact consequences of probation violations in Harris County depend on a few factors considered by the judge and prosecutor:

Nature of the Violation: Technical violations might be treated more leniently than substantive ones (new crimes).
Violation History: Repeat offenders or those with multiple violations are likely to face harsher penalties.
Original Offense Severity: Violations during supervision for serious felony offenses may result in stricter consequences.
Evidence of Compliance: Showing that you have largely complied with terms and are making efforts to rectify the violation can sometimes mitigate consequences.
Probation Officer’s Recommendation: The probation officer’s report and recommendation carry weight with the judge.
Prosecutor’s Position: The stance of the Harris County District Attorney’s Office on the violation and their plea offer (if any).
Judge’s Discretion: Judges in Harris County have significant discretion in determining the outcome of a violation hearing.

The potential consequences of probation violations in Harris County can be severe, so it’s important to follow all probation conditions and seek prompt legal assistance if a violation is alleged.

Facing a violation? Understand the potential consequences. Contact a Houston attorney.

Building Your Defense Against Probation Violation Allegations

If you are accused of violating your probation or deferred adjudication in Houston or Harris County, you still have legal rights and options to fight the charge. A skilled probation violation lawyer can help you fight the allegations and work to minimize the consequences.

Common Defense Strategies for Probation Violations

Here are some common defense strategies:

Challenging the Alleged Violation: Examining the evidence to determine if the violation actually occurred. Was the missed probation appointment a result of miscommunication or an unavoidable emergency? Is there solid proof, such as test results or witness testimony, to back up the claim of a violation? By questioning the validity of the evidence, your lawyer may be able to have the allegation dismissed.
Demonstrating Compliance: If you have taken steps to fix the issue before the hearing, such as completing missed community service hours or catching up on fines, your attorney can present this as evidence of good faith. Showing that you are committed to fulfilling the terms of your probation can help persuade the court to allow you to continue probation rather than revoke it.
Proving Mitigating Circumstances: Sometimes, circumstances beyond your control may lead to a probation violation. For example, a medical emergency or family crisis that caused you to miss a meeting or deadline, or job loss or financial hardship that made it difficult to pay fines or restitution. Your attorney can argue that the violation was unintentional and not due to a disregard for the rules.
Negotiating with the Court: In some cases, your attorney can work with the prosecutor and judge in Harris County to negotiate a resolution. This could involve adjusting your probation terms rather than revoking probation, adding additional conditions, or recommending alternatives like community service instead of jail time.
Highlighting Positive Behavior: Your attorney can emphasize your efforts to comply with probation terms, such as steady employment, attending counseling, or staying out of trouble. This can demonstrate to the court that you are making progress and deserve a chance to stay on probation.
Filing an Appeal: If the court rules to revoke your probation, you may have the option to appeal the decision. An experienced lawyer can assess whether there are grounds for an appeal and guide you through the process to seek a different outcome.

Why Legal Representation Matters

Navigating a probation violation case can be complex, and the stakes are high. With the right legal help, you can fight back against probation violation allegations and work toward the best possible outcome.

Fight probation violation allegations. Contact our Houston office.

Why Choose Lisa Shapiro Strauss As Your Houston Probation Violations Attorney?

If you’re facing a probation violation in Harris County, it’s important to have the right lawyer by your side. Lisa Shapiro Strauss is an experienced attorney who is dedicated to helping her clients. Here’s why people trust her to defend their rights:

Over 25 Years of Experience

Lisa Shapiro Strauss has Over 25 Years of Experience working in the Texas criminal justice system. She knows how to handle tough cases and help her clients get the best possible outcome.

Former Prosecutor Advantage

Before becoming a defense lawyer, Lisa worked as a Former Prosecutor. This means she understands how the other side thinks and can use that knowledge to defend her clients facing probation violation allegations in Harris County.

Personalized Attention

Lisa knows that every case is different. She takes the time to look at all the details and evidence to create a strong plan for each client.

Protecting Your Future

Lisa understands how a probation violation or criminal charge can affect your life, from your job to your education. She works hard to protect your record and keep your future on track.

Easy Communication

Lisa makes it simple to stay in touch. She offers flexible meeting times, including virtual meetings, and can even meet with clients who are in jail. She uses secure online tools to keep clients updated on their cases.

Award-Winning Lawyer

Lisa has been recognized for her work as a criminal defense attorney, including being named to the Texas Super Lawyers list multiple times.

Discuss Your Probation Violation Case with Lisa Strauss.

Answers to Your Questions About Probation Violations

Facing a probation violation in Harris County can lead to many questions. Here are answers to some common questions:

What is the statute of limitations for criminal cases in Texas?

The statute of limitations sets a time limit for filing criminal charges. It varies based on the type of offense (misdemeanor vs. felony) and the specific crime. It does not apply to the time you must serve on probation once convicted.

Will an arrest in Texas remain on your record for the rest of your life?

It is poAn arrest that leads to a conviction, including the conviction you are serving probation for, will typically remain on your record. However, certain records, especially from arrests without conviction or successful deferred adjudication, may be eligible for expungement or non-disclosure.

Can you get probation for aggravated assault with a deadly weapon in Texas?

It is possible, but challenging, as this is a serious felony. Eligibility depends on factors like your criminal history and the facts of the case.

What happens if you get a domestic violence charge while on probation?

A new criminal charge, including domestic violence, is a substantive probation violation and can lead to your probation being revoked, resulting in jail or prison time.

Will probation show on a background check?

Yes, a conviction that results in probation will typically appear on criminal background checks. The record shows you were convicted and placed on community supervision.

Can you bail out of jail on a probation violation In Texas?

In many cases involving a Motion to Revoke Probation (MTR) or Motion to Adjudicate (MAJ), the judge may issue a “no bond” warrant. Whether a bond is set is at the judge’s discretion, particularly for felony violations.

Can you travel while on probation In Texas?

Your probation terms likely restrict travel outside the county or state without your probation officer’s permission and the court’s approval. Violating travel restrictions is a technical violation.

Does being on probation affect getting a job?

Yes, having a criminal conviction and being on probation can make it more difficult to find employment, as many employers conduct background checks.

Harris County Case Results

Past results do not guarantee future outcomes, but they can demonstrate the type of representation and dedication our firm provides in probation violation cases. Lisa Shapiro Strauss has achieved favorable outcomes for clients facing probation violation allegations in Houston and Harris County.

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Get Help Today

If you’re facing a probation violation in Harris County, don’t delay. The consequences can be severe, potentially leading to jail or prison time.

Lisa Shapiro Strauss is an experienced, caring, and dedicated Houston criminal defense lawyer who will fight for your rights. She understands the complexities of probation cases and is prepared to build a strong defense against the allegations.

If you’re facing a probation violation, contact our office today for a free consultation to discuss your case confidentially.