Probation Revocation

Common Violations

These are some of the most common reasons for a probation revocation:

  • Committing a new offense
  • Not reporting
  • Failing a drug test
  • Failing to pay probation fees and court costs
  • Not completing required classes
  • Not completing community service

Burden of Proof in a Revocation Hearing - Preponderance of the Evidence

The State is required to prove the probation violation by a Preponderance of the Evidence.  This is a much lower standard than Beyond a Reasonable Doubt.  See Burdens of Proof.  A jury trial is not allowed, and the case will be argued to the judge.  A probation revocation hearing is not the place to re-hash the merits of the original case.  Instead, the judge will simply be determining if a condition of probation was violated.

Range of Punishment

If the judge rules that a condition of probation is violated, the judge has two options.  First, the judge may sentence a defendant to a term of incarceration.  If this happens, the judge has the entire range of punishment available if the case was a deferred adjudication.  If the case was a straight probation, the judge only has the range that was part of the original plea bargain.  For example, if the plea was for a five-year sentence, but probated for 10 years, the judge may sentence someone up to five years.  

Second, the judge may decide to reinstate the probation or deferred adjudication even though a condition was violated.  The judge may extend the probation or add extra conditions to the probation, including jail time.

Do You Need Help?

Hope is not lost if you are facing a probation revocation.  Whether your goal is getting your probation reinstated or doing the least amount of jail time, attorney Colin McLaughlin of McLaughlin Law in Fort Worth has the experience and knowledge to help you attain your goals.  Call 817-482-6263 today for help.