Frisco Probation Violation Lawyer: Defending Your Freedom
A missed appointment, a positive drug test, or a new arrest can put your probation at risk, and with it, the possibility of jail or prison. Al Rowland defends people accused of violating community supervision in Collin and Denton Counties and works to keep them on track.
Received a Motion to Revoke Your Probation?
In Texas, probation is called community supervision. If your supervision officer reports a violation, the prosecutor can file a motion asking the judge to revoke your probation, and the court will often issue a warrant for your arrest.
That can feel like the end of the road, but it isn’t. Judges have broad discretion. They can continue your probation, modify its conditions, extend it, or revoke it. What the judge hears from your attorney, and what you have done to address the problem, can make all the difference.
Motion to Revoke vs. Motion to Adjudicate in Texas
Which motion you face depends on the type of probation you received, and the difference has major consequences.
Regular probation
Motion to Revoke
You were already convicted and sentenced, and the sentence was suspended. If probation is revoked, the judge can impose the original suspended sentence, or in some cases a lesser one.
Deferred adjudication
Motion to Adjudicate
You were never convicted. If the judge adjudicates guilt, you can be sentenced anywhere within the full punishment range for the original offense, which may be far more than the plea agreement contemplated.
In both cases, the hearing is before a judge, and the State must prove a violation by a preponderance of the evidence, a lower standard than at trial. You still have the right to an attorney, to see the evidence, and to present witnesses.
Technical Violations vs. New Offense Allegations
Not all violations are treated the same. The nature of the alleged violation shapes both the risk and the defense.
Technical violations
- Missed meetings with your supervision officer
- Positive or missed drug tests
- Unpaid fines, fees, or restitution
- Incomplete community service or classes
- Leaving the county without permission
These are often resolved by addressing the underlying problem and asking the court to continue or modify supervision.
New offense allegations
A new arrest can lead to both a new criminal case and a motion to revoke. Because the revocation standard is lower, the State may try to prove the new offense at the revocation hearing even if it could not win the new case at trial.
We coordinate the defense of both matters so that a decision in one does not undercut your position in the other.
Options to Modify Probation and Avoid Jail
Revocation is not the only possible result. Depending on the circumstances, we may be able to negotiate or argue for:
Withdrawal of the motion
When the violation is cured or unfounded, the State may agree to withdraw.
Modified conditions
Adding treatment, counseling, or other conditions in place of jail.
Extension
More time to complete requirements such as payments or community service.
Reduced sentence
If revocation can’t be avoided, arguing for the least restrictive punishment.
If the main allegation is unpaid fees, your ability to pay is an important issue the court must consider.
Probation Violation Questions
Will I go to jail for a probation violation in Texas?
Not necessarily. Judges can continue, modify, or extend probation instead of revoking it. The outcome often depends on the type of violation, your overall compliance, and how the case is presented.
Can I get a bond on a motion to revoke?
Often, yes. Bond on a probation violation warrant is typically set by the judge presiding over your case, and an attorney can request a reasonable bond so you can stay at work while the motion is pending.
What is the difference between probation and deferred adjudication?
With regular probation, you are convicted and your sentence is suspended. With deferred adjudication, you are not convicted, and the case can be dismissed if you complete supervision. A violation on deferred can expose you to the full punishment range.
Should I tell my probation officer about a new arrest?
Most probation terms require you to report new arrests within a set time. Talk with your attorney about how to report it without discussing the facts of the new case.
Don’t Face a Revocation Hearing Alone
A judge will decide your future. Make sure the judge hears your side. Contact us today.
469-895-6555 Law Office of Al Rowland, PLLC6160 Warren Pkwy Ste. 100
Frisco, TX 75034
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Your request has been received, and we will be in touch shortly. If there is a warrant or a hearing soon, please call 469-895-6555.