Houston Probation Violation Lawyer

Houston Probation Violation Attorney

Probation can be a great opportunity to rebuild after a criminal conviction, rather than facing harsher alternatives such as imprisonment. However, if you are accused of violating the terms of your probation, you may face severe probation violation penalties. A Houston probation violation lawyer can help you understand your options and prepare a defense for a probation revocation hearing.

Why Work With Greco Neyland, PC?

At Greco Neyland, PC, we help you navigate the criminal justice system, protect your rights, and pursue outcomes that help you move forward. Our attorneys have former experience as prosecutors, which means we understand how the state builds cases against individuals and how to effectively challenge their arguments. Throughout our firm’s history, we have helped over 5,000 Texas clients.

Understanding Probation and Probation Violations in Houston

Probation, also known as community supervision, is an arrangement that allows someone convicted of a criminal offense to remain in their community. Probation can replace a jail sentence, or it may be offered after part of a sentence has been served. It is estimated that 367,000 Texans are currently on probation, and in 2024, 16,621 people received probation sentences.

Though probation offers more freedom compared to incarceration, the court imposes strict requirements that must be followed. While the specific probation conditions can vary depending on the case, common examples include:

• Meeting with a community supervision officer regularly
• Obeying all laws and avoiding additional criminal charges
• Avoiding alcohol or substance use, and taking drug or alcohol tests
• Paying fees
• Complying with travel restrictions
• Maintaining employment

A probation violation involves allegations that you violated the conditions of your probation. For example, if you failed to report to your community supervision officer, tested positive for drugs or alcohol, or were arrested for a new criminal charge. Fortunately, allegations of a probation violation do not automatically mean you are sent to jail or prison. A revocation hearing can take place to determine the outcome of these allegations.

If you are found to have violated probation, the penalties can be harsh, even leading to you returning to jail or prison. In 2023, probation or parole violations caused almost 200,000 people in the United States to go to prison.

What Is a Revocation Hearing?

Probation violation cases often either begin with a community supervision officer notifying the court of a potential violation, or with an arrest. Then, a probation revocation hearing can take place so a judge can determine whether probation was violated and whether any probation violation penalties should be ordered.

A revocation hearing takes place at the court that originally handled your case. In Houston, this is often at the Harris County Criminal Justice Center at 1201 Franklin St.

At the revocation hearing, the state presents evidence that supports that you violated your probation and why your probation should be revoked. This may include evidence of you breaking the law or violating a specific condition of your probation. You can work with a Houston probation violation attorney to challenge the allegation and present evidence in your defense.

If it is determined that you did not violate probation, you are typically able to return to your probation as normal. However, if you did violate your probation, a judge may order additional penalties. Depending on the circumstances of the case, these penalties may include placing additional conditions on your probation, extending your probation, or revoking your probation entirely.

Reasons to Hire a Probation Violation Lawyer

Probation violation cases can be overwhelming, as they threaten your freedom and lifestyle that you have built. An experienced Houston probation violation lawyer can help you protect your interests throughout the process while building a defense that pursues a positive outcome. A lawyer can:

• Review the conditions of your probation and identify whether you have actually violated any
• Challenge inaccurate or unsupported allegations
• Investigate witnesses and other evidence that can support your defense
• Advocate for continued probation rather than revocation or other penalties
• Represent you during a revocation hearing
• Protect your rights throughout the case

FAQs About Houston, TX Probation Violation Laws

How Can You Beat a Probation Violation?

Allegations of a probation violation can be defeated if you are able to prove that the alleged violation did not occur or can sufficiently challenge the prosecution’s case, such as by proving they do not have enough evidence to prove that you violated probation. Depending on the circumstances, a defense may involve challenging probation records, witness testimony, or drug or alcohol test evidence.

How Much Jail Time Can You Get for Violating Probation in Texas?

There is no single jail sentence for a probation violation in Texas, as the potential sentence largely depends on the underlying offense and the original sentence that was ordered. In certain cases, you are still able to be on probation after a violation. This means that the jail sentence for a probation violation can range from no jail time to the maximum sentence for your original offense.

What Evidence Can Be Used in a Probation Violation Case in Houston?

Evidence that can be used to prove whether or not you complied with the law and your probation conditions can be used in a probation violation case in Houston. This includes a variety of types of evidence, including:

• Records of communication between you and your community supervision officer
• Drug or alcohol test results
• Employment records
• Financial records
• Police reports
• Witness testimony

What Rights Do You Have During a Probation Revocation Hearing in Houston?

During a revocation hearing and throughout your probation violation case in Houston, you have several rights, including the right to legal counsel, the right to present evidence and defend your case, and the right to know what the allegations against you are. If you hire a probation violation lawyer, they can help you uphold these rights and others, so you receive a fair hearing and case outcome.

Speak With a Houston Probation Violation Attorney

At Greco Neyland, PC, we understand that a probation violation accusation can leave you worried about your future. If you are in this situation, contact us to speak with an attorney about what to do to protect your rights and your freedom during a probation violation case.