Probation Violation Defense
Houston Probation Violation Lawyers :: The Law Office of Matthew D. Sharp
In Texas, probation is considered a privilege because it normally takes the place of confinement. As a result, probation violations are typically punished very harshly, as judges feel an individual who does not comply with a probation order is trying to “get over” on the system. Probation violations could result in the original sentence being reinstated and could also result in new charges if the violation involved a defendant committing another crime. A few of the acts that could be considered probation violation include:
- Failure to perform community service as ordered
- Refusal to pay fines or court costs
- Failure to meet weekly with probation officer
- Having a urine sample test positive for drugs during random testing
- Being found in possession of drugs or paraphernalia by probation officer
- Unwillingness to attend drug or alcohol classes when ordered by a judge
Complicated Defense
Defending an individual against allegations of probation violation can be a rather complicated process. In addition to attending probation revocation hearings, a defendant is often arraigned on new charges at or around the same time. While these two offenses are tried separately, they are nonetheless intertwined, as those who were on probation at the time they committed a crime are normally sentenced more harshly than those who have no criminal history. Any person who is accused of violating the terms of his probation should contact a knowledgeable probation violation lawyer.
Mitigating the Damage
Just because probation violations are complicated to defend doesn’t mean that some good will not come out of doing so. An aggressive defense attorney will thoroughly investigate the situation to see if there are any affirmative defenses that could be used to help explain the violation. Affirmative defenses may be possible whenever:
- Compliance with a probation order was not possible due to hospitalization, confinement in a mental institution, etc.
- Defendant had a low IQ and could not fully understand the instructions
- Courts have misinterpreted the terms of a probation order
- A financial hardship has made it impossible for the defendant to pay fines or restitution
- Individual was temporarily displaced due to a natural disaster
Call a Houston Probation Violation Attorney
In any instance, being accused of violating your probation is serious business. You should take your defense seriously as well, since there is plenty at stake if you are found guilty of probation violation. The Law Office of Matthew D. Sharp will vigorously defend your rights to ensure you receive the best possible outcome according to the circumstances.
