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Probation Violations, Parole Matters,
Non-Disclosures & Expunctions
AGGRESSIVE PROBATION REVOCATION ATTORNEYS
There are times when the best outcome that can be achieved for a criminal case is the defendant being placed on community supervision – what is commonly referred to as probation. And if the State of Texas seeks to revoke that probation, you need attorneys with the knowledge and experience to ensure that the defendant’s rights are protected.
If you, or a friend, family, or loved one is facing the possibility of a probation revocation, it is critical that you retain attorneys who are prepared with the knowledge and experience to aggressively preserve a defendant’s rights. The lawyers at Wyde & Nation, with their decades of experience as former prosecutors, former judges, and defense attorneys are highly qualified to assist individuals who face this crucible.
Probation Revocation Procedures
Ensuring Minimal Disruption on Your Daily Life
Essentially, once the probation office acting through the prosecutors representing the State of Texas files a Motion to Revoke Probation, an arrest warrant is issued, and the defendant will be taken into custody.
Whether a defendant can be released on bond pending resolution of their probation revocation is initially a question of the type of probation that the defendant is currently serving, which we’ll identify here.
Types of Probation
Some Defendants are placed on what is known as Deferred Adjudication Community Supervision, or Deferred Probation. In this context, at the original proceeding, the court made an express finding that there was sufficient evidence to find the defendant guilty, but deferred entering a finding of guilt (conviction), and placed the defendant for a term of community supervision for a certain period of years (or, in misdemeanor cases, days or months). Deferred Adjudication Community Supervision has many advantages, the most powerful of which is that there is no conviction on your criminal record. If a person’s Deferred Probation is revoked, however, the court then has the full range of punishment allowed by law as applied to a defendant’s particular criminal offense to consider in terms of the amount of time that a defendant would have to spend in custody for violating the terms and conditions of their probation.
Other Defendants are placed on what is known as Judicial Community Supervision, or what is often spoken of as Straight Probation. In this context, a defendant is found guilty of the crime charged, and a definitive sentence is imposed. That sentence, however, is suspended, and the Defendant is then placed on probation for a certain period of years. Should a defendant violate the terms and conditions of probation, and have his or her probation revoked, the court is limited to that definitive sentence previously imposed. While a judge may decide to give less time for the probation violation, he or she cannot exceed that original sentence.
Bond Pending Resolution
If a defendant is facing a probation revocation motion, and that defendant is on Deferred Adjudication Probation, then Texas law provides that the defendant is entitled to have a bond set pending his resolution. It is vital that you hire attorneys who will aggressively represent your interests before the court when it considers setting bond on a probation revocation. With two former judges as named partners, the lawyers at Wyde & Nation are uniquely qualified in terms of both knowledge and experience to ensure that your rights are protected to the utmost.
If, however, a defendant is on Judicial (Straight) Probation, then whether he or she can be released on bond is up to the judge. This is why it is so important to hire the correct attorneys when attempting to have bond set on a probation violation. Using their considerable knowledge and experience, the lawyers at Wyde & Nation can maximize the probability that the defendant can be released on bond.
Probation Revocation – So very different from a Trial
Once a defendant is on probation, his or her rights are significantly curtailed in terms of being able to challenge the evidence that the prosecutors will attempt to use in order to have their probation revoked. Among the many procedural difficulties a probationer faces are:
The defendant is only entitled to a hearing in front of the judge who placed him on probation, he or she is not entitled to a jury trial.
The prosecution has to prove only that they violated a term or condition of their probation; the issue of whether a defendant was guilty for the original criminal offense isn’t even considered relevant in a probation revocation hearing.
In a probation revocation hearing, the prosecution only has to prove that violation by the legal standard of preponderance of evidence, not beyond a reasonable doubt.
The Cheap Lawyer Can be the Most Expensive Lawyer You Ever Hire
Since a conviction, even for a misdemeanor, can follow a person for a lifetime, it is vital to engage the services of an experienced criminal defense lawyer. The attorneys at Wyde & Nation bring decades of legal experience to every criminal defense matter. No case is too difficult, and no case is treated as routine. Our goal is simple: to win.
General Conditions of Probation
A trial court judge has very broad powers to impose conditions of probation. Under Texas law:
“The judge of the court having jurisdiction of the case shall determine the conditions of community supervision and may, at any time during the period of community supervision, alter or modify the conditions. 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, including:
(1) Commit no offense against the laws of this State or of any other State or of the United States;
(2) Avoid injurious or vicious habits;
(3) Avoid persons or places of disreputable or harmful character;
(4) Report to the supervision officer as directed by the judge or supervision officer and obey all rules and regulations of the community supervision and corrections department;
(5) Permit the supervision officer to visit the defendant at the defendant's home or elsewhere;
(6) Work faithfully at suitable employment as far as possible;
(7) Remain within a specified place;
(8) Pay the defendant's fine, if one be assessed, and all court costs whether a fine be assessed or not, in one or several sums;
(9) Support the defendant's dependents;
(10) Participate, for a time specified by the judge in any community-based program, including a community-service work program under Section 16 of this article;
(11) Reimburse the county in which the prosecution was instituted for compensation paid to appointed counsel for defending the defendant in the case, if counsel was appointed, or if the defendant was represented by a county-paid public defender, in an amount that would have been paid to an appointed attorney had the county not had a public defender;
(12) Pay a percentage of the defendant's income to the defendant's dependents for their support while under custodial supervision in a community corrections facility;
(13) Submit to testing for alcohol or controlled substances;
(14) Attend counseling sessions for substance abusers or participate in substance abuse treatment services in a program or facility approved or licensed by the Texas Commission on Alcohol and Drug Abuse;
(15) With the consent of the victim of a misdemeanor offense or of any offense under Title 7, Penal Code, participate in victim-defendant mediation;
(16) Submit to electronic monitoring;
(17) Reimburse the compensation to victims of crime fund for any amounts paid from that fund to or on behalf of a victim, as defined by Article 56.32, of the defendant's offense or if no reimbursement is required, make one payment to the compensation to victims of crime fund in an amount not to exceed $50 if the offense is a misdemeanor or not to exceed $100 if the offense is a felony;
(18) Reimburse a law enforcement agency for the analysis, storage, or disposal of raw materials, controlled substances, chemical precursors, drug paraphernalia, or other materials seized in connection with the offense;
(20) Make one payment in an amount not to exceed $50 to a crime stoppers organization as defined by Section 414.001, Government Code, and as certified by the Crime Stoppers Advisory Council;
(21) Submit a DNA sample to the Department of Public Safety under Subchapter G, Chapter 411, Government Code, for the purpose of creating a DNA record of the defendant
Aggressive Parole Revocation Attorneys
In Texas, a parole revocation warrant is called a "blue" warrant. Blue warrants are usually executed without any prior notice to the parolee. Once a warrant is issued, the parolee is arrested and incarcerated. No bond is allowed.
Once arrested, the due process aspects of the revocation procedure begin, regardless of whether the parolee is charged with a new crime or a technical violation.
Once in custody, someone from the parole division will contact the parolee. This person often attempts to have the parolee waive his clearly established constitutional right to a preliminary hearing.
THE PAROLEE SHOULD NOT WAIVE ANY OF HIS RIGHTS.
THE PAROLEE SHOULD NOT DISCUSS THE FACTS OF HIS/HER CASE WITH THE PAROLE DIVISION REPRESENTATIVE.
THE PAROLEE SHOULD INFORM THE PAROLE DIVISION REPRESENTATIVE THAT HE/SHE HAS BEEN ADVISED NOT TO DISCUSS THE FACTS OF HIS./HER CASE, OR WAIVE ANY OF HIS/HER CONSTITUTIONAL RIGHTS THAT ARE IN ANY WAY RELATED TO THE REVOCATION PROCESS
The parolee should immediately advise the parole division representative that he/she wants both the preliminary hearing and the final revocation hearing to which he/she is entitled under the 14th Amendment of the United States Constitution
Under the 14th Amendment, a parolee facing revocation is entitled to:
1. Written notice of the alleged violation(s).
2. A preliminary hearing to establish whether there is probable cause that the parolee violated the conditions of his parole.
3. Disclosure of the evidence against the parolee.
4. Written notice of the alleged violation(s).
5. A preliminary hearing to establish whether there is probable cause that the parolee violated the conditions of his parole.
6. Disclosure of the evidence against the parolee.
7. The opportunity to be heard, including the opportunity to present witnesses and documentary evidence.
8. The opportunity to confront and cross-examine witnesses (unless there is a specific finding of good cause to deny such confrontation);
9. A neutral and detached body to hear the evidence
10. A written statement by the factfinders as to the evidence relied upon for any revocation decision
The parolee also has a limited right to counsel. Whether a parolee is entitled to counsel in a specific instance is decided on a case-by-case basis. Factor considered when determining whether a parolee is entitled to counsel include whether the parolee is claiming that he/she is not guilty of the allegations, or whether the adjustment phase of the case is complicated enough to justify assistance.
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