Probation Violation Lawyer in El Paso

What Is Probation Violation Lawyer?

Probation (called 'community supervision' in Texas) is a court-ordered period of supervision in the community instead of incarceration. Probation violations occur when you fail to comply with the conditions of your probation — which can include failing to report to your probation officer, failing a drug test, being arrested for a new offense, failing to pay fines or fees, failing to complete community service, or leaving the county or state without permission. In El Paso, probation violations are taken very seriously, and a motion to revoke probation can result in immediate arrest and detention.

Penalties in Texas — What You Are Facing

If your probation is revoked, you can be sentenced to the maximum term of incarceration for the original offense — even if you have already served most of your probation period. For example, if you were on probation for a state jail felony (maximum 2 years), a revocation could result in up to 2 years in state jail. For more serious felonies, the consequences can be even more severe. The judge has broad discretion in probation revocation proceedings, which makes having an experienced attorney critical.

The Legal Process in El Paso, Texas

Probation revocation proceedings in Texas are different from criminal trials. The prosecution only needs to prove a violation by a preponderance of the evidence (more likely than not) — a much lower standard than the 'beyond a reasonable doubt' standard in criminal trials. You do not have the right to a jury in a revocation hearing — the judge decides. However, you do have the right to an attorney, the right to present evidence, and the right to cross-examine witnesses. An experienced attorney can challenge the evidence of the alleged violation and present mitigating circumstances to the judge.

Defense Strategies That Work in El Paso Courts

Effective probation violation defenses include: challenging the evidence of the alleged violation; presenting evidence that the violation was not willful (for example, inability to pay fines due to financial hardship); presenting mitigating circumstances; negotiating for modification of probation conditions instead of revocation; and presenting evidence of compliance with other probation conditions. Attorney Aaronson works aggressively to keep his clients out of prison and on probation whenever possible.

Frequently Asked Questions About Probation Violation Lawyer in El Paso