Probation and Parole Violations in Texas: What You Need to Know
A violation - even a minor one - can send you back to prison. Here is how to fight it.
If you are on probation or parole in Texas, a single alleged violation can result in immediate arrest and a revocation hearing that could send you to prison - sometimes for the full original sentence. The process moves quickly, the standard of proof is lower than in a criminal trial, and the consequences are severe. Acting fast with experienced legal representation is essential.
Types of Violations
- Technical Violations - failing to report to your supervision officer, missing a drug test, failing to pay fines or fees, traveling outside permitted areas, or failing to complete required programs
- New Offense Allegations - being arrested for or charged with a new criminal offense while on supervision
The Revocation Process
When a violation is alleged, a warrant is typically issued and you may be arrested and held without bond pending a revocation hearing. The hearing is conducted before a judge (not a jury), and the standard of proof is preponderance of the evidence - meaning the state only needs to show it is more likely than not that you violated the terms of your supervision.
How We Fight Revocation
- Challenging the alleged violation - disputing whether the violation actually occurred or whether the evidence supports the allegation
- Presenting mitigating evidence - demonstrating compliance in other areas and showing why revocation is not warranted
- Negotiating with the supervision officer and prosecutor - in many cases, a modification of conditions is a better outcome than revocation for all parties
- Challenging new offense allegations - if the alleged violation is based on a new arrest, we can challenge the underlying charge and its use in the revocation proceeding
Contact Hawk Law PC
If you have been accused of a probation or parole violation in Texas, do not wait. Call Hawk Law PC at (469) 699-HAWK immediately. Michael Hawk has over 30 years of experience in Texas criminal courts.