SAN ANTONIO PROBATION VIOLATION CHARGES DEFENSE LAWYER

Defending against probation violation charges: Experienced probation attorney serving San Antonio and surrounding counties

PROBATION VIOLATION DEFENSE ATTORNEY IN SAN ANTONIO, TX

San Antonio Probation Violation Charges

Probation Violation Charges will result in a Motion to Revoke Probation (MTR). In San Antonio, probation violations will result in a warrant for arrest. A proven violation can result in a jail or prison sentence.

Probation violation charges may be filed against you if:

  • You are charged with a new criminal case, or you violate any conditions of your probation.

So, if your probation officer finds that you have failed to abide by all of the conditions of your probation, you could be arrested and charged with probation violation (MTR).

The Law Offices of Patrick L. Hancock can help defend you in such cases. We have decades of experience with criminal cases in San Antonio, Texas and the surrounding areas and can help you achieve the best possible outcome if you are charged.

FAQ - SAN ANTONIO PROBATION VIOLATION LAWYER

SAN ANTONIO PROBATION VIOLATION LAWYER - AREAS WE SERVE

SAN ANTONIO, TEXAS

SAN ANTONIO CRIMINAL DEFENSE ATTORNEY -  TYPES OF PROBATION VIOLATION OFFENSES

The legal guidelines for probation violation offenses are detailed in the Texas Code of Criminal Procedure (Chapter 42a).

While probation is usually considered a positive outcome in a criminal case as an alternative to incarceration, a person on Probation can still have a jail or prison sentence imposed by the court if a judge finds that you have violated the terms and conditions of your supervision.

Some types of probation violation offenses include:

TECHNICAL VIOLATIONS

Technical violations of probation are infractions of specific terms set by the court which don't involve committing new crimes. Examples include:

  • Failing a drug test or urine analysis
  • Failure to show up for a court appearance
  • Failure to attend scheduled meetings with your probation officer 
  • Failure to follow curfew restrictions
  • Failure to pay a fine
  • Failure to undergo rehabilitation or counseling
  • Traveling out of state without prior permission
  • Making contact with certain individuals without prior permission

Our team at the Law Offices of Patrick L. Hancock, skilled San Antonio probation violation defense attorneys, is adept at navigating these complex issues. We aim to prevent probation revocation by addressing each technicality with comprehensive legal strategies.

SUBSTANTIVE VIOLATIONS

Substantive violations occur when a person on probation commits a new crime, posing severe risks to their probation status. Such violations are treated more seriously than technical ones, often leading to immediate probation revocation hearings. As experienced San Antonio criminal defense lawyers, we understand the gravity of these charges. At the Law Offices of Patrick L. Hancock, our approach involves a thorough investigation of the new charges and crafting a defense that not only challenges the new allegations but also strategically addresses the probation status. Our goal is to protect your rights and secure the most favorable outcome possible, navigating both the new charges and the probation implications with precision.

UNDERSTANDING PROBATION VIOLATION CHARGES IN BEXAR COUNTY

If you have violated the terms of your probation, it is important to understand your legal rights.

The procedure is generally as follows:

  • You will be arrested and may be remanded without bond
  • You will be entitled to a hearing before the court
  • You will have a right to a  lawyer to be present to defend you against the violations
  • You can present evidence at a hearing (including witnesses to support your defense)
  • Even if you have violated probation, it's important to remember that you still have rights. 

Exercising these rights with an experienced attorney can help you minimize any penalties that you may face for the alleged violation.

You may be able to prove that the probation violation is not true or that there were extenuating circumstances that made it impossible to comply with certain probation conditions. 

It is crucial to have an experienced probation violation attorney at your side throughout this process and during your hearing.

[H3] MOTION TO REVOKE PROBATION (MTR)

A Motion to Revoke Probation (MTR) is a formal legal action taken by prosecutors when there is an allegation that a probationer has not complied with the terms set during sentencing. This motion can be filed for either technical violations, such as failing to pay fines or missing probation meetings, or for substantive violations, like committing a new crime.

In San Antonio, handling an MTR requires a deep understanding of local criminal justice processes. As dedicated San Antonio probation violation defense attorneys, the Law Offices of Patrick L. Hancock specialize in defending clients facing such serious allegations. Our approach includes:

  • Thorough Review: Analyzing the specifics of the alleged violation and the original terms of probation.
  • Strategic Defense: Crafting a defense that addresses the nature of the alleged violation, seeking to demonstrate compliance or mitigating circumstances.
  • Negotiation: Working to negotiate alternatives to revocation, such as modification of the probation terms or additional support measures.

We aim to protect your freedom and minimize the potential consequences of an MTR. With a seasoned San Antonio probation attorney like Patrick L. Hancock, clients receive robust representation aimed at achieving the best possible outcome in their probation revocation proceedings.

MOTION TO ADJUDICATE

A Motion to Adjudicate is initiated when an individual under deferred adjudication is accused of violating their probation terms. Deferred adjudication is a form of judgment where a defendant pleads guilty or no contest to charges, but the court defers further proceedings and does not enter a judgment of guilt; instead, it places the defendant on community supervision.

If a defendant allegedly violates any terms of this supervision, a Motion to Adjudicate can be filed, which could potentially lead to a formal conviction if the court finds the violations valid. This scenario often necessitates adept legal representation from a probation violation defense lawyer to manage the complexities effectively.

The Law Offices of Patrick L. Hancock in San Antonio provides experienced legal counsel to clients facing a Motion to Adjudicate. Our services include:

  • Evidence Evaluation: Diligently reviewing the evidence presented against you.
  • Defense Preparation: Preparing a defense that challenges the prosecution's claims about probation violations.
  • Representation: Representing you in court to argue against the adjudication of your case, focusing on maintaining your deferred status or seeking lesser penalties.

Our goal is to safeguard your future by preventing the severe outcomes that a successful motion to adjudicate could entail. With a thorough understanding of the nuances of San Antonio's criminal defense landscape, our firm strives to deliver a defense that aligns with your best interests.

FACING MOTION TO REVOKE PROBATION OR MOTION TO ADJUDICATE? HIRE A SAN ANTONIO PROBATION VIOLATION ATTORNEY

Severe consequences of probation violation charges make it imperative to hire an experienced San Antonio probation lawyer. If you are charged with violating the terms and conditions of your probation, criminal defense attorney Patrick L. Hancock will represent you with the best defense available. He has over three decades of criminal law experience. Let experience lead your defense. He has been selected for inclusion in top peer-reviewed attorney lists such as The Best Lawyers in America, Texas Super Lawyers and S.A. Scene Magazine's Best Lawyers in San Antonio. Contact the Law Offices of Patrick L. Hancock at 210-223-8844 for an initial consultation about your probation violation charge.

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