Having a criminal record can limit your life in many ways. If you have legal concerns while you are serving probation or deferred adjudication, please contact our Houston deferred adjudication lawyers at the Law Office of David A. Breston for assistance today. The initial telephone consultation is free of charge.
Probation is usually a sentencing option for anyone who has not been convicted of a felony in Texas or any other state. Even if you have a felony on your record, the judge may decide to place you on probation.
Even if you have no prior felonies, probation is generally not offered if you have been charged in Harris County with a first-degree felony such as forcible rape, aggravated robbery, or murder.
If you were found guilty or if your sentence was suspended, you may have been placed on court-ordered probation for a specified period of time. If you successfully fulfill the probation requirements, you will not be sent to jail or prison. Probation requirements typically include regularly reporting to a probation officer, and remaining drug-free, performing community service for a specific number of hours, and paying fines and/or restitution.
If you are granted probation as part of your sentencing, you will be expected to follow certain conditions to maintain your probationary status, or else consequences may be imposed. The purpose of these conditions is to provide restricted freedoms to help with reintegration after being convicted of a crime. They also offer accountability throughout the rehabilitation process. Common conditions of probation in Texas include:
The specific terms and details of your conditions will be issued by the judge in your case. The conditions may be influenced by the nature of the crime and various other factors. These terms can also be modified at a later date to increase or decrease conditions.
If you are unsuccessful in completing the requirements of probation, your probation officer may file a motion to revoke your probation. If the motion is successful, you need to speak to a Houston probation violation attorney as soon as possible, as the judge may give you “jail therapy,” may extend your probation, or may even revoke your probation, sending you back to jail or prison.
Even if it is not possible to get your probation reinstated, a private Probation Violation attorney is usually best able to obtain the least amount of jail time in your case. The Law Office of David A. Breston has been successful at saving many clients from going to prison when motions to revoke were filed against them.
Some courts will allow probations to file a motion for early termination, or modify the conditions of probation. These motions require complex legal arguments and are best handled by an experienced criminal defense attorney.
If you are having difficulty fulfilling the conditions of your probation or if a motion to revoke your probation has been filed, please contact a Houston probation revocation lawyer at our law firm as soon as possible. We have had success getting probation reinstated and conditions of probation changed for our clients.
If you are facing an allegation of violating the conditions of your probation, you will be required to go back to court and attend a revocation hearing. Judges may issue an arrest warrant at any time for probation violations according to Texas Code of Criminal Procedure § 42A.751. Once the arrest has been made, the hearing must be conducted within 48 hours of the arrest. During the court hearing, the judge will review the reason for the allegation and review all evidence for and against the allegation. After careful review of the evidence and arguments, a judge will issue a decision about the status of your probation. Their decision can significantly impact what your future looks like for the remainder of your sentence, so it is essential to have a skilled lawyer by your side to get a favorable outcome.
To effectively fight allegations of probation violations, it is essential to let your lawyer handle your hearing. They will review the allegations, evidence, and your circumstances and advise you to plead true or not true to the accusations against you. Your lawyer will also develop a defense to use at your hearing and support it with all applicable forms of evidence.
It is also important to know that because a revocation hearing is considered an administrative process, you have the right to hire a lawyer to represent you and communicate on your behalf. However, this type of hearing is before a judge only and will not involve a jury.
After a judge has heard your case, they will make a decision, which could go a few different ways. Possible outcomes could include a continuation of the existing terms of your probation or probation with modifications. A judge could also decide to lengthen the probationary period, or revoke your probation and remand you back into custody to finish serving your sentence. The decision will depend on the nature of the violation, criminal history, defense, and other relevant factors that can impact your case.
Deferred adjudication is a second chance to avoid a guilty finding and criminal sentence. If you have received deferred adjudication, the judge decided there was enough evidence to find you guilty, but deferred the guilty finding while he places you on community supervision, i.e. probation.
If you successfully fulfill the conditions of your probation, you will not be sentenced to jail and there will be no guilty finding on your criminal record. But if you fail, the judge can sentence you to any term within the range of punishment for your crime. The law does not allow deferred adjudication for some crimes, such as Driving While Intoxicated (DWI). If you need legal assistance with DWI cases, it is advisable to consult a Houston drunk driving attorney.
Deferred adjudication is generally a better deal than regular probation because the court doesn’t classify the person as guilty if he or she finishes the term successfully.
Most charges are eligible for deferred adjudication, should a judge agree to it. Any misdemeanor or felony is available, except for the following charges:
A common misconception about deferred adjudication is that after successful completion, the court will dismiss or remove the charge from a person’s record automatically. Unfortunately, this is simply not true.
A person must file a petition for non-disclosure after successfully completing the deferred adjudication period. This will close the records to the public and select private parties.
A person who successfully finishes the deferred adjudication may seek an order of non-disclosure from the court unless it is for the following charges:
The serious nature of the above crimes makes deferred adjudication unlikely and perhaps impossible. If you are unsure about whether your charge would be on the above list, talk to one of our team members.
There are various waiting periods for different offenses before filing an order of non-disclosure, too. Felony-level charges must wait five years before filing for an order. Most misdemeanors have no waiting period, unless the charges were for one of the following:
If the court found you guilty of one of the above charges, deferred adjudication may be possible eventually. A person may not receive any criminal charges between the deferred adjudication and the filing for non-disclosure. This violates terms that make the person eligible for dismissal of his or her charges. Traffic offenses do not count in this scenario, however.
The order for non-disclosure must go through a process, which, hopefully, ends with approval from a judge. The procedures for obtaining an order of non-disclosure is:
Often, a judge will issue an order of non-disclosure if he or she finds the filer meets all the criteria and that the order is in the best interest of justice. Deferred adjudication in Texas is complex; talk to a Houston Probation Violation attorney for help understanding whether this is a possibility for your case.
Using a Houston Probation Violation attorney is especially important in deferred adjudication cases, as they are versed in the legal processes and will help you through your time of need. For more information, contact a Houston criminal record non-disclosure lawyer at the Law Office of David A. Breston.
If you are in the Houston area and are hoping for deferred adjudication, discuss the prospect with an experienced Houston defered adjudication attorney. At the Law Office of David A. Breston, we can help.
Deferred adjudication is a unique form of judge-ordered community supervision, or probation, which the courts usually offer only to first-time offenders in the state. This process is only an option for those who choose to waive a jury trial, because only a judge can grant this type of probation.
Monthly Community Supervision & Corrections Report (MCSCR) is for Community supervision data submitted to TDCJ’s Community Justice Assistance Division by the state’s community supervision departments.
Deferred Adjudication is a type of community supervision. If the conditions of supervision are met for the time period set by the court, not to exceed two years, no record of the crime will be made.
Substance Abuse Felony Punishment Facility (SAFPF) is a secure residential program, which provides substance abuse treatment and counseling to non-violent felony offenders whose substance abuse problem contributed significantly to their committing a crime. Upon completion of the program, the offenders are returned to community supervision, parole, or mandatory supervision.
Treatment Alternative to Incarceration Program (TAIP) is a program that provides screening, assessment and referral services to offenders arrested/sentenced for a substance abuse related offense, or who have a history of substance abuse.
Restitution is repayment for having committed a crime. Restitution can be made to a specific victim in a dollar amount to repay for damages or can be made to society by working without pay for a non-profit or governmental agency.
Revocation is the act of removing an offender from community supervision, parole, or mandatory supervision due to the offender violating the conditions of his or her supervision and/or committing a new crime.
Pre-Release Therapeutic Community (PRTC) comprises three components: educational/vocational, substance abuse and cognitive restructuring.
Presentence Investigation (PSI) is an investigation of an offender’s criminal history, family history, work history, and risks and needs, conducted by a community supervision officer. The court prior to sentencing considers the resulting Pre-Sentence Investigation Report (PSIR).
More: General information and FAQs about Community Supervision & the Harris County Corrections Department
David Breston promptly met with me and LISTENED to me thoroughly, he reviewed the details of my case And THEN offered his advice. Where others may have given up after the judge stated his initial decision, David did not give in…
-AL
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