Probation Can Be Revoked On A Technicality
At The Law Office of Shawn C. Brown, PC, in San Antonio, we can help you challenge a state’s motion to revoke your probation. Our team of criminal defense lawyers is experienced and tenacious, willing to fight for you in courtrooms across South Texas.
What Is A Motion To Revoke?
Community supervision is an alternative sentencing option available in some criminal cases. A judge can grant two types of supervision. Direct probation may be granted in lieu of jail time after you are convicted, either by pleading guilty or a jury finding. Deferred adjudication allows you to keep a conviction off your permanent record by successfully completing probation.
When you are placed on supervision, you agree to abide by certain terms in exchange for the alternative sentence. If you violate any of the terms, the state may choose to file a motion to revoke your probation. When the state successfully proves its case, you could face the original sentence, which may include jail or prison time. Having an experienced attorney on your side during the hearing is crucial.
Needs results? In two recent motion to revoke cases, one of our attorneys helped one client stay on probation for his drug case by having the motion denied and another prove false allegations that the client had violated probation by drinking.
What Are Some Common Conditions Of Probation?
A judge determines which conditions you will be required to follow while on supervision. In reality, these conditions are not always easy to follow. For instance, you may have to take time off work to meet with your probation officer or find the money to pay for drug testing. Yet, even a small, technical violation can become the basis of a motion to revoke.
- Not committing any new crimes
- Abstaining from alcohol or drug use
- Submitting to required drug and alcohol testing
- Attending mandatory drug treatment, anger management or other classes
- Subjecting yourself to random home inspections
- Reporting to your probation officer
- Holding a consistent job
- Notifying your probation officer if you move or get a new job
- Paying court-ordered alimony, child support, restitution and costs
- Completing community service hours
- Staying away from others with a criminal record
- Abiding by the terms of other orders, such as a protective order
- Returning home before a designated curfew
- Staying in Texas
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AUTO ACCIDENT – TOTAL SETTLEMENT: $130,000
The Law Office of Shawn C. Brown recently represented a client that was rear-ended by a driver who was texting and driving. The client sustained head trauma, a hematoma and a broken foot. After fighting with the insurance company of the distracted driver, The Law Office of Shawn C. Brown was able to reach a total settlement for the client of $130,000.
DWI 0.24 BLOOD – DISMISSED
Our Client was pulled over for allegedly swerving and driving without their headlights on. After the administration of the field sobriety tests, the client was arrested for DWI and their blood was taken. Attorney Bryan Orihel reviewed the blood results from the lab, and found multiple issues with the refrigeration of the blood sample and abnormalities in the actual test of the client’s blood. The case was set for trial in which the state DISMISSED all charges against our client.