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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THEFT – DISMISSED
Our client was arrested for a theft at a local retail store. The client was adamant that he did not commit any crime. Attorney Bryan Orihel carefully reviewed the evidence and was able to show the state that they had no evidence that proved our client committed the theft. In fact, Bryan showed the state that our client was wrongfully arrested, and was mistaken for the actual perpetrator. The state DISMISSED all charges against our client.