A first-offense probation violation is not something you should take lightly. Get help from a Houston probation violation lawyer from Blass Law. We can determine the penalties you face and fight to protect your freedom and future.
Call today for a confidential consultation.
Will I Go to Jail for a First-Offense Probation Violation?
You might. This is especially true if you are on probation instead of in jail (called straight probation). The circumstances surrounding your alleged violation will better determine whether you could end up behind bars.
Our Houston criminal defense lawyer can help you understand the penalties you face.
How the Type of Probation Violation Can Affect Your Penalties
There are two different types of probation violations that can occur:
- Technical
- New law violation
A technical violation is failing to abide by the conditions of your probation. If you are accused of a technical violation, a few things might happen:
- The court could add conditions to your probation.
- The court could extend your probation.
- The court could revoke your probation. If you are on straight probation, this means you could be going to jail.
- The court could do nothing and continue your probation as is.
A new law violation occurs when you allegedly commit another criminal offense. Depending on the circumstances, you could face penalties for the offense for which you were on probation and for the new offense.
Straight Probation vs. Deferred Adjudication
The type of probation you are on can also affect what happens after a violation. We will detail the two different types of probation and what a violation means for you:
- Straight probation: You have been convicted of a crime, but the judge in your case suspends your jail sentence. You (the defendant) agree to do or not do certain things (the terms of your probation), and if you successfully manage these terms, you don’t go to jail.
- Deferred adjudication: You pleaded guilty or no contest to an offense. The judge defers (puts off) the finding of guilt, so long as you promise to do or not do certain things (the terms of your probation). If you successfully handle the terms of your probation, the conviction is removed from your record.
If you violate straight probation, you may be going straight to jail. If you violate the terms of deferred adjudication, you will have a criminal record and could also end up in jail, depending on the specifics of your case.
Jay Blass Cohen will explain to you what you can expect from your situation.
Actions that Could Lead to a Probation Violation in Houston
Several different actions could violate your probation, including:
- Failing to check in with your probation officer
- Failing to attend a meeting with your probation officer
- Failing to check with your probation officer before crossing state lines
- Failing a drug or alcohol test
- Hanging out with known criminal associates, people who have previously been convicted of crimes, or people actively engaging in criminal activity
- Failing to perform community service hours
- Failing to pay fines or restitution
- Committing a new offense (e.g., getting a DWI while on probation)
- Failing to report any positive or negative interactions with law enforcement to your probation officer
- Lying to your probation officer
- Failing to show up for court
What a Houston First-Offense Probation Violation Lawyer Can Do for You
If your probation officer accuses you of violating the terms of your probation, several things may happen:
- The judge may issue a bench warrant for your arrest.
- The judge may issue you a notice to appear.
In either of these cases, you have the right to request a probation revocation hearing. During this hearing, your Houston first-offense probation violation attorney will establish why you did not violate your probation.
If it’s clear that you did violate the terms of your probation, your attorney can introduce mitigating factors. These will depend on the specifics of your case, but could include:
- You were spending time with people convicted of a crime, but you were unaware.
- You were forced to be in the presence of someone committing a crime.
- You thought you had spoken to your probation officer about your plans to leave the state.
- You left the state, but it was an emergency.
- You did not intend to lie to your probation officer.
- You forgot to tell your probation officer about the encounter with police.
- You forgot about your meeting with your probation officer.
- You did not commit another offense. For example, if you were arrested for DWI, Jay will use his experience as a certified lawyer-scientist and Standardized Field Sobriety Testing instructor and practitioner to establish that you were not intoxicated behind the wheel.
Our team can protect you throughout the process. We will:
- Identify your options
- Explain what you can expect going forward
- Gather evidence to support your side of the story
- Represent you at your probation violation hearing
- Fight to keep you out of jail/to keep the terms of your probation the same as before your violation
- Defend you in Harris County criminal court
You can trust our team with your future. Jay has dedicated his career to helping Houstonians. Let him help you, too.
Learn How a Houston First-Offense Probation Violation Lawyer Can Help You During a Confidential Consultation
A probation violation can jeopardize your future. You could end up with harsher terms of probation, a longer period of probation, or you might end up in jail. Don’t trust your freedom and future to an inexperienced attorney. Jay and the Blass Law team are here to help you. Everyone deserves a second chance, and we’ll fight to ensure you get yours.
Call today for a confidential consultation. We’ll listen to your story and determine how we might be able to help you maintain the current terms of your probation or stay out of jail or prison.