Fighting For Your Rights In Probation And Parole Matters

In Texas, probation is formally called "community supervision." In Texas, your failure to abide by any of the terms of community supervision may result in your probation officer filing a motion to revoke your community supervision and your possible incarceration for the period of the underlying original sentence. So, for example, if you were on five years of community supervision for a five-year underlying sentence, you may get five years in prison for violating a condition of community supervision.

If you are on deferred adjudication probation, you may have to serve the maximum period of time for your sentence, not just the period of time you are on probation. So, for example, if you are on deferred adjudication for a first-degree felony, you could be sentenced up to life in prison for just one violation of your probation.

Probation revocation needs to be taken extremely seriously. You must take a stand for your future and your rights. Contact Mark Di Carlo today by email or phone at 800-584-5798 for a free initial case evaluation.

Potential Defense: When The Terms Of Your Probation Were Illegal

At times, judges will hand down illegal probation conditions. It will be up to your attorney to argue that you should not be revoked because the condition of probation is illegal under the laws of the state of Texas.

Defense attorney Mark A. Di Carlo represents clients facing probation revocation due to alleged violations such as:

  • Failing to report to the probation officer
  • Failing a substance abuse test
  • Associating with certain people
  • Committing a crime while on probation
  • Failing to complete mandatory classes or counseling
  • Failing to complete community service
  • Failing to pay probation fees or fines

Know Your Rights When Facing Probation Revocation

You are entitled to a hearing before the judge to contest the facts in the motion to revoke probation. For example, a successful defense may be that you cannot be revoked for failure to pay your fines because you could not afford to pay your fines, despite your best efforts, and you should be continued on probation.

However, if you do not have a defense to violating probation, your attorney must present you in your best light to the judge. Arguments that may help your case include the fact that you picked up no new criminal charges while on probation, you have a good job, this is your first motion to revoke probation, or you genuinely intend to do better in the future.

If You Are Accused Of Violating Your Parole

You are entitled to a hearing with an attorney to determine if you have violated your conditions of parole and whether your parole should be revoked, sending you back to prison, usually referred to as the Texas Department of Criminal Justice.

Often, people waive their rights to a parole hearing, a course of action that most criminal defense attorneys would not recommend. It is much wiser to hire an attorney and prepare for the hearing as sufficiently as possible.