Probation & Parole Violations

Texas Drug Charge Probation & Parole Violation Defense

If you have been charged with violating the conditionsTexas Drug Charge Probation & Parole Violation Defense charge defense Houston Texas, Texas Drug Charge Probation & Parole Violation Defense charge defense attorney Houston Texas, Texas Drug Charge Probation & Parole Violation Defense charge defense lawyer Houston Texas, Texas Drug Charge Probation & Parole Violation Defense charge defense Houston Texas, Texas Drug Charge Probation & Parole Violation Defense charge defense attorney Houston Texas, Texas Drug Charge Probation & Parole Violation Defense charge defense lawyer Houston Texas of your deferred adjudication, probation, or parole, contact Brittany Carroll Lacayo at 713-504-0506 to schedule a free initial consultation and case evaluation, or by using her online case evaluation form.

VIOLATION OF PROBATION/DEFERRED ADJUDICATION

Probation is now officially referred to as community supervision. While you are on probation you will be required to follow certain conditions and restrictions that can affect your daily routine. If you have violated the terms of your probation or deferred adjudication you should contact a criminal defense attorney who can defend your rights and who will fight to achieve the best possible outcome for your case. We encourage you to contact Brittany Carroll Lacayo at 713-504-0506 to schedule a free initial consultation and case evaluation. She will provide an aggressive defense, which may result in dismissed charges, reduced charges, or minimized punishment.

Basic Conditions of Community Supervision

The Texas Code of Criminal Procedure states that the judge will determine the conditions of community supervision. Under article 42.12, section 11, the judge may impose any reasonable condition that is designed to protect or restore the community, protect or restore the victim, or punish, rehabilitate, or reform the defendant. The conditions may include, but the judge is not limited to the conditions that the defendant shall:

  • Commit no offense against the laws of this State or of any other State or of the U.S.
  • Avoid injuries or vicious habits
  • Avoid persons or places of disreputable character
  • Report to a supervision officer
  • Permit the supervision officer to visit the defendant at the defendant’s home or elsewhere
  • Work faithfully at suitable employment as far as possible
  • Remain within a specified place
  • Pay all fines and court costs assessed
  • Support the defendant’s dependants
  • Perform community service
  • Reimburse the county for compensation to an appointed counsel of a public defender
  • Remain under custodial supervision in a community corrections facility
  • Submit to testing for alcohol and controlled substances
  • Attend counseling sessions for substance abusers
  • Participate in substance abuse treatment services in
  • Participate in victim-defendant mediation
  • Submit to electronic monitoring
  • Reimburse the compensation to victims of crime fund
  • Reinforce a law enforcement agency for costs in connection with the offense
  • Pay all or part of the costs of the victim’s counseling made necessary by the offense
  • Pay up to $50 to a crime stoppers organization
  • Submit a DNA sample to the Department of Public Safety
  • Provide public notice of the offense
  • Reimburse the county for the compensation paid to any interpreter in the case
  • Attain a certain level of education skill
  • If the defendant is determined to have a mental illness or mental retardation the judge may require the defendant to submit to outpatient or inpatient mental health or mental retardation treatment
  • Pay up to $50 to a children’s advocacy center
  • Pay $100 to a family violence center

Violation of Community Supervision

The state only has to prove that you violated one condition of your community supervision in order to revoke your community supervision. They do not have to prove this beyond a reasonable doubt, and you will not have the right to a jury trial.  If you have violated a term of your community supervision, it is important to have an attorney investigate the details of your probation conditions and the circumstances surrounding your violations. Contact Brittany Carroll Lacayo to day to discuss your particular circumstances at 713-504-0506.

What is the Punishment for Violating the Conditions of my Community Supervision?

The consequences associated with a probation violation usually depend on a number of factors including prior convictions and the number and types of violations. Consequences may include, but are not limited to:

  • Increased term of community supervision
  • Revocation of probation
  • Imprisonment or jail time
  • Court fees
  • Community Service
  • Rehabilitation Program
  • Fines
  • Mandatory counseling services

The amount of jail time you are facing depends on whether you are on regular probation or deferred adjudication. If you are on regular probation, the maximum term of confinement will be equal to the amount of time you were placed on probation. For example, if you were placed on regular probation for 5 years for a third-degree felony where the punishment range is from 2 – 10 years in prison; if you violate the terms of your probation, than the maximum term of your jail sentence will be five years. However, if you are placed on deferred adjudication for 5 years for a third-degree felony, punishable by 2 – 10 years in prison, than you can receive a maximum jail sentence of 10 years

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PAROLE VIOLATIONS

If you have been accused of violating the conditions of your parole you should hire an aggressive criminal defense attorney to defend you. Brittany Carroll Lacayo handles all types of parole violations including new law violations, failure to pass a drug test, failure to report to the parole officer, failure to pay fines, failure to complete community service, failure to attend drug treatment programs, and other violations.

Some people accused of violating their parole are entitled to both a preliminary hearing and a revocation hearing, but some are only entitled to a revocation hearing. The purpose of the preliminary hearing is to decide whether there is probable cause to believe an offender has violated conditions of his or her parole. In the event that probable cause is found, then there is a second hearing called a revocation hearing. There must be a finding, based on a preponderance of credible evidence that one or more conditions of release have been violated in order for the Board to revoke an offender’s parole or mandatory supervision.

There are two parts to both the preliminary hearing and the revocation hearing. The first part of the hearing is the allegation phase, which is limited to presenting evidence concerning the violations alleged to have been committed. Only if the level of proof has been established for at least one of the alleged violations does the hearing proceed to the second phase. The second phase is called the adjustment phase and is normally referred to as the mitigation hearing. This phase provides an opportunity to consider evidence concerning an offender’s adjustment while on parole, such as work history, compliance with prescribed drug treatment programs, adherence to conditions of administrative release and previous violations of parole or mandatory supervision.

The Board can take various actions in the revocation process including proceeding to a revocation hearing, transferring to a Substance Abuse Facility; not revoking parole but allowing the individual to continue on supervision either with or without modifications of conditions of release; not revoking parole and discharging the offender if the offender is past his or her discharge date; revoking release, and reversing a previous revocation action.

If you have been charged with a parole violation you can contact Brittany Carroll Lacayo at 713-504-0506 to schedule a free initial consultation and case evaluation or by using her online case evaluation form.

If you have been charged with violating the conditions of your probation, deferred adjudication, or parole contact Brittany Carroll Lacayo at 713-504-0506 to schedule a free initial consultation and case evaluation.