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Probation Revocation

Posted By Criminal Law Standard || 9-Nov-2010

When a person gets probation, the judge frequently makes probation subject to certain conditions that the defendant must follow to remain on probation.  Monthly reporting to a probation officer, completing drug or alcohol treatment and/or education classes, community service, payment of restitution, payment of a fine, and periodic drug testing are examples of probation conditions.  

If a person on probation violates the terms of probation, the prosecutor may file a motion to revoke probation.  The motion will describe the condition(s) of probation the defendant did not fulfill.  The prosecution must prove the allegations in the motion by a preponderance of the evidence, which is a lower standard than the beyond a reasonable doubt standard applicable to criminal trials.

If the Judge finds by a preponderance of the evidence that the defendant violated probation, the judge will either allow the defendant on continue on probation (with or without additional  conditions), or revoke probation and sentence the defendant within the terms of probation.  For example, if a person had been sentenced to two (2) years in the county jail probated for five (5) years, the judge can sentence the defendant to up to two (2) years in the county jail if the Judge revokes probation.

Failure to report, failure of a drug test, failure to complete drug/alcohol classes, failure to serve the requisite hours of community service,  and commission of a new crime are common reasons for probation revocations.  

A motion to revoke probation is an extremely serious matter.  Judges expect people on probation to fulfill the terms of their probation, and often have a negative reaction when a defendant violates the terms of probation.  To successfully navigate a motion to revoke probation, it is necessary to have an experienced criminal attorney on your side.

Tom D'Amore has exclusively practiced criminal law in the Dallas - Ft. Worth area for over 22 years.  During that time he has handled hundreds (if not thousands) of probation revocations.  If prosecutors have filed a motion to revoke your probation, contact the D'Amore Law Firm to schedule a free case review with Dallas criminal attorney Tom D'Amore.  The sooner you meet with Tom, the sooner he can get to work on your case.  

Categories: Know The Law, Probation

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