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How Georgetown, Texas Defendants Should Proceed When Facing The Revocation Of Probation

Judges chair in court roomThis is the next post in our series on issues a Texas resident faces when serving probation in Williamson County. Our last post discussed what one can expect when serving probation in Texas and how one’s rights are impacted by being placed on supervision. One’s success will, in part, be based on their having an understanding of what to expect. In this article we will discuss how Georgetown defendants, and others in Williamson County, should proceed when they are facing a probation revocation proceeding.

A probation revocation proceeding can begin for a number of reasons. The accused may have been arrested for a new crime. Other scenarios include one’s failing a drug test, one’s failure to keep the supervisor apprised of their location, or other violations of one’s requirement. The Court will hold a hearing to determine whether one’s probation should be revoked. The decision will be reached by the Judge and a jury is not involved. Unlike at a criminal trial, it does not need to be proven beyond a reasonable doubt that one broke the terms of their supervision; the Court only needs to find, by a preponderance of the evidence, that there was a violation. A probation revocation proceeding will typically end with the Defendant being revoked and sentenced to prison or, alternatively, by the accused having their probation reinstated with additional conditions.

A criminal defense attorney can assist one alleged to have violated their probation. Counsel will gather evidence of successes one has had while they have been on probation. These successes may include having held a job, having registered for school, and the extent to which one has stayed out of trouble. Counsel will also call any necessary witnesses and make the best possible argument to the Judge that it would be a waste of state resources to incarcerate the Defendant. Finally, one’s lawyer will attempt to reach a resolution with the prosecutor in which one will be placed back on probation with additional requirements. These may include a longer term of supervision, extra community service requirements, etc. One’s probation is not a lost cause simply because they are facing a revocation – it may be possible to avoid incarceration.

Our Georgetown attorneys also service the surrounding communities of Bartlett, Cedar Park, Florence, Granger, Hutto, Jarrell, Leander, Liberty Hill, Round Rock, Taylor, Thrall, and Weir. We also assist Travis County residents in Austin. We understand the massive impact that a revocation will have on one’s life. We will quickly begin discussing your matter with the prosecution while launching an investigation into the underlying facts of your case. This is a serious time in your life and you need an attorney who takes the matter seriously. We are ready to assist you.

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