Houston Attorney Helping People Facing Probation Violations
If you have already been convicted 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. We here at Lisa Shapiro Strauss Attorney at Law can help. Our law firm is led by Lisa Shapiro Strauss, a former prosecutor with over 15 years of experience defending against assault, theft, family violence and other criminal charges. Serving clients throughout the Houston area, Lisa has a deep understanding of Texas criminal law and what may or may not be a probation violation.
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If you are on probation, you are not likely to receive much sympathy from a judge or prosecutors if you are accused of violating your probation. Contact us to schedule a free consultation to get the right lawyer on your side.
Your Freedom Is on the Line. We Can Help.
Fighting probation violation allegations is similar to any other type of criminal charge. As your attorney, Lisa Shapiro Strauss can investigate the allegations to make sure law enforcement and your probation officer respected your rights. As a former prosecutor, she is familiar with the tactics and arguments that law enforcement will use against you.
When you are convicted, in addition to any jail or prison sentence and fines, a judge may place additional restrictions on your activities when you are not incarcerated.
Common reasons that people are charged with a probation violation include:
- Failing a drug screening test
- Being caught allegedly under the influence of alcohol
- Appearing at a prohibited location (like a bar) or associating with people who you cannot be with
- Being arrested for any type of charge
In addition to any penalties that can come with a conviction for any new charges you face, your original sentence could be restored. That means if you were on probation instead of spending years in prison for your previous conviction, a judge can restore the original sentence.
Answers to Your Questions About Criminal Defense
A Statute of Limitations, or a limit on the amount of time a prosecutor has to file charges against a suspect, varies with how serious the crime is. Generally, the criminal statute of limitations is shorter for misdemeanors than it is for felonies, but there are some crimes for which there is no limit. Some of these are murder, human trafficking, and certain types of sexual offenses. The rules are laid out in Article 12.01 et seq. of the Texas Code of Criminal Procedure.
The reason a statute of limitations exists is because over time, physical evidence can get lost, contaminated or broken down and witnesses’ memories fade.
Unlike a person’s credit history, which only goes back 7-10 years, a criminal record can stay on the public record indefinitely. But it may be possible, under certain circumstances, to get an arrest removed from the record. The two ways to do this are expungement and record sealing (Orders of Non-Disclosure). An expungement means that a persons record is basically wiped clean; they can legally say that they have never been arrested. Orders of Non-Disclosure does not remove your arrest from the record, but it does seal the arrest from public record.
Contrary to what a police officer may tell you, it is perfectly legal to record public officials, such as those in law enforcement, while they are performing their official duties. It is actually advisable to record your interaction from a criminal defense point of view. Any recordings of the event can be powerful evidence in showing the actual events as they unfold.
Do not delay if you are facing jail because of an alleged probation violation. Contact Lisa Shapiro Strauss Attorney at Law for a free consultation.