Probation Violation

probation

Justin Hall is a capable and experienced Attorney / Lawyer that will defend your probation violation offense. Our law firm serves Garland, Dallas, Rowlett, Rockwall and surrounding Texas cities.

Has the State filed a motion to revoke your probation? People are granted probation as an alternative to serving a jail sentence. The Law Office of Justin K. Hall represents clients who have been granted probation by the court and have been accused of violating the conditions and requirements of that probation.

When a person violates the conditions and/or requirements of probation, he or she may face the possibility of jail time. It is best to retain a knowledgeable attorney, such as Justin K. Hall, immediately. You will need an attorney to negotiate with the Probation Officer and with the District Attorney to avoid having your probation revoked. Jail time should always be a last resort.

General Questions About Probation:

1. What happens if I violate my conditions (rules) of probation?

If you fail to follow the conditions of your Probation, you can rest assured that your Probation Officer will take action. This action could include requesting a warrant for your arrest, the Judge could require you to return to court to add more conditions to your probation, or your probation could be revoked and you could be sent to jail.

2. What is the difference between probation and community supervision?

Nothing, both refer to the same thing, and you will hear both terms used while completing your sentence.

3. What kinds of fees will I be required to pay?

Court_ordered fees include:

  • Payment of fines.
  • Payment of Court costs.
  • Payment of Adult Probation fees. These are monthly payments.

Depending on your particular case, the Court may add any of these fees:

  • Payment of your Court_appointed attorney fees.
  • Payment of restitution (repaying the victim for what was lost or damaged).

4. How can I afford to pay all of these fees?

The Court can and will allow you to enter into a Time Payment Plan Agreement that will allow you to make monthly installment payments. This payment arrangement is much like a monthly car payment. However, if you fail to make this payment, they won’t come and repossess your car, they will send the police to arrest you and hold you in jail without a bond.

You must still continue to make your monthly Adult Probation Fee Payments every month.

IMPORTANT: The Time Payment Plan can cost you an additional one-time set up fee of $25.

5. Can I remain unemployed while on probation?

No. Probation is too expensive to successfully complete without a job. If you take a probation plea, you need to get a job immediately. If you do not want to work, then do not take a probation plea. Rather, you should elect to go straight to jail and do not pass go and do not collect $200 dollars.

6. What does my Probation Officer do?

Your Officer can be helpful to you while on Probation. However, if you have a bad attitude about probation, your Probation Officer can be your worst nightmare. Generally, the Probation Officer can set up needed appointments, answer questions you have, and refer you to classes you must complete.

IMPORTANT: Do not antagonize this person! Or put another way, you must stay friends with your Probation Officer. Check your attitude at the door and do what this person says.

It is also your Probation Officer’s job to:

Supervise you as directed by the Court, and to inform the Court how you are abiding by the rules.

Protect the community, by seeing you at home or work as well as in the office.

Provide community_based referrals, such as drug/alcohol counseling, employment counseling and literacy/GED preparation that will help you change your behavior.

Conditions Of Probation: While on probation, you are expected to:

  • 1. Follow your conditions of probation
  • 2. Not break the law
  • 3. Not use alcohol and/or drugs.
  • 4. You may also be ordered to complete classes and programs.

Below are frequently asked questions about Conditions of Probation.

1. What about office visits?

You must be on time for each office visit and you should ask your Probation Officer each month what paperwork you need to bring when you report for your next visit. Reporting to your Probation Officer is the most important thing that you can do. Do not miss a meeting with your Probation Officer.

2. Will I be tested for drugs or alcohol?

Yes. Most likely, you will be submitting to Urine Specimen Testing commonly called “UA’s”. In addition, you may have to submit to eye scans and breathalyzers. Each of these tests is designed to test your body for the use of drugs and/or alcohol. Those tests may be required by your Probation Officer and/or by the Court.

3. What is electronic monitoring (ELM)?

If ordered, you must wear an ankle bracelet for the length of time required by the Judge. You must have a home telephone. While on ELM, you will only be allowed to leave your home as approved by your officer and/or the Court.

4. What is an ignition interlock device?

An Ignition Interlock Device (“IID”) is a piece of equipment that is installed in your vehicle if ordered by the Court. The IID is used to verify that you are not using alcohol while driving your motor vehicle. If you are ordered to have an Ignition Interlock device installed, but do not drive or own a vehicle, you may be required to sign a Notarized Affidavit swearing you will not drive while on probation.

5. What must I do if ordered to complete DNA testing?

A. If ordered, you must give a blood sample when scheduled by your Probation Officer. This test may cost as little as $25.00.

6. What if I have a drug/alcohol problem or have been ordered to complete treatment?

You will have an alcohol or drug evaluation before you can start treatment. The evaluation determines the type of treatment you complete. Your Probation Officer will tell when to begin treatment. You also may be required to make a co_payment for your treatment.

7. What if I must complete a DWI class?

You will be referred to a program for DWI education. The DWI class must be completed within 180 days of the date you started probation. You will be required to pay the entire cost of these classes.

8. What if I need help with my education or would like to get a GED?

There are a number of local educational programs. If you have trouble reading and writing, your Probation Officer can refer you to a basic adult literacy class. If you would like to learn how to speak English better, your Probation Officer can refer you to an English as a second language class. If you do not have a high school diploma, your Probation Officer can refer you to GED preparation and testing. To enroll in one of these programs, see your Probation Officer.

9. How do I complete community service restitution (CSR) hours?

Your Probation Officer will refer you to complete your CSR hours. Your Probation Officer has a list of pre-approved location where you can complete your community service hours. Most likely, these Community Service hours will be completed at a Department approved nonprofit agency. If you have any questions about your CSR requirement, ask your Probation Officer.

10. What if I am ordered to complete a class not listed above?

There are several other programs provided in the community to help you. There are anger management classes, sex offender therapy, theft classes, etc. Your Probation Officer will refer you to the classes.

11. Can I leave town?

You can only leave town if approved by your Probation Officer. Since you need permission to travel outside the County, you should talk to your officer about any travel plans well in advance. If approved, your officer will give you a travel permit.

12. Can I move?

If you plan to move outside of the County where you are on probation, you must get permission from your Probation Officer. If permission is given, your Probation Officer may make arrangements to have you report to a Probation Office in the County/State where you will reside.

IMPORTANT: It is always your responsibility to report to your Probation Officer. Moreover, your Probation Officer must always know where you are living. You will need to get permission from your Probation Officer to move at any time.

13. What if I change jobs?

If you change jobs, or are no longer employed, you must notify your Officer immediately.

14. What if I lose my job?

The Adult Probation Department (CSCD) offers a three day Pre_Employment Program (PEP). This program helps prepare you to find a job. If you are unemployed and are able to work, you will be referred to this class. There is no cost for this class.

15. Can I bring children to my office visits?

No, children should not come with you to an office visit. Some office visits may take up to 2 hours to complete, depending on the purpose of the visit. You need to try and find someone to watch your children prior to your office visit.

16. Can I get off probation early?

The law does not permit Early Discharge for some offenses. However, for others, you can hire an attorney to petition the Court for an early discharge. See your attorney for more information.