"Probation" refers to a form of sentence the judge may impose on a person convicted of a crime. It enables an offender to return and remain in society, provided they follow specific conditions. Because the probation sentence is a temporary order, the court can strip it in a process called revocation if an offender does not follow the imposed conditions or commits another crime during the probation period. 

This blog explains everything you need to know about probation revocation, including what it means, the revocation process, and what your rights are. Most importantly, consult a skilled criminal lawyer immediately if you face the possibility of probation revocation.

What It Is

Probation revocation is the court process whereby a judge formally cancels an offender’s probation sentence and imposes their original sentence that had been deferred or suspended. This cancellation occurs because the offender violated their probation conditions.

Typically, a probation sentence is an alternative to jail or prison, permitting convicts to serve their punishment within society under the supervision of the court rather than spending time in detention. When on probation, offenders must obey specific court-imposed terms and conditions. These terms and conditions generally include the following:

  • Payment of restitution, fines, and court costs

  • Routine meetings with the assigned probation officer

  • Requirement to complete community service hours

  • Alcohol and drug testing

  • Maintaining education or employment

  • Living within the required geographic boundaries

  • Avoiding contact or communication with particular individuals

  • Attending counseling classes

  • Enrolling in other types of rehab

Failure to follow these terms may result in the revocation of probation. This severe consequence may require an offender to return to prison or jail to serve the time originally imposed during sentencing. In some cases, the offender may also be subject to additional penalties or new criminal accusations.

Understanding your probation terms and the consequences you may face after probation revocation is essential to avoid probation violations and facing harsher consequences.

Revocation stresses that probation is conditional. That is, it is a deferred sentence, and judges have the discretion to reactivate it fully if a convicted offender violates the conditions.

Many offenders confuse probation and parole, sometimes using the terms interchangeably. These are separate legal concepts. For probation, a judge generally grants it rather than jail or prison. On the other hand, parole is the early release from incarceration, conditioned with ongoing supervision.

Reasons Why a Judge Can Revoke Probation

A prosecutor or probation officer can initiate proceedings to revoke your probation for different violations. Understanding these violations will help you recognize whether or not you could be accused of violating probation and, if possible, take corrective actions. They are:

Substantive Violations

A substantive violation involves committing a new crime or crimes while still serving your probation sentence. It is the most severe way of violating probation, as it shows continued criminal conduct despite being under court supervision. Substantive violations that can result in probation violations include the following:

  • Burglary or theft

  • Domestic violence or assault

  • Drug trafficking or possession

  • Trafficking violations DWI

Essentially, committing any misdemeanor or felony violation while on probation can result in probation revocation. Even a minor criminal charge can result in your probation being revoked.

Technical Violations

A technical violation does not involve committing any new criminal act. Instead, it represents failures to adhere to particular probation terms and conditions. Usually, courts consider technical violations to be just as severe as substantive violations. These are the common instances that constitute technical violations:

  • Failure to complete the required community service hours

  • Violating curfew rules

  • Failure to pay restitution or fines as required

  • Failing alcohol or drug tests

  • Missing planned probation appointments

  • Traveling when not authorized to

  • Ignoring court-approved treatment

It is essential to comprehend that both forms of violations can place your probation at risk and lead to severe consequences.

The Probation Revocation Process

The process to revoke a probation sentence follows particular legal steps you must know and understand to safeguard your rights effectively.

Step 1: Motion to Revoke Probation (MTR)

The process to revoke probation generally commences when a prosecutor or probation officer files an MTR in court. This motion is based on their belief that a probation violation or infringement warranting revocation has occurred. This motion mentions the specific probation term violations and asks that the judge revoke your probation. The motion papers must include the particular probation violation allegations, supporting documentation or evidence, and a recommendation for the court to take action.

Note that the standard of proof in probation revocation cases is preponderance of the evidence. That means offenders are more susceptible than in initial trials. Even unsubstantiated probation officer reports can be sufficient to warrant a probation revocation if not effectively contested.

Step 2: Warrant and Arrest Process

After a prosecutor or probation officer files an MTR, the court might approve it, resulting in the issuance of an arrest warrant against you. This can lead to your immediate arrest and detention until the court schedules a probation revocation hearing. Time is of the essence at this point. Having a skilled lawyer on your side can help you secure bail release pending your hearing.

Step 3: Probation Revocation Hearing

The probation revocation hearing is also commonly referred to as a probation violation hearing. It refers to a court proceeding in which the judge finds whether a probation violation indeed happened and, if so, the consequences that should follow. This hearing does not involve a jury. The parties who attend are the accused, their lawyer, the prosecutor, and the judge.

The first probation revocation proceeding is the initial court appearance, during which you are informed of the supposed violations and required to deny or admit committing them. During this proceeding, the judge will explain the violated condition or term you are being alleged to have perpetrated. Then, they will ask you if the supposed violation is “not true” or “true.”

If you agree that you violated the probation term or condition as described, you can respond to the judge by pleading true. If you wish to challenge the MTR and disagree with the supposed violation, you can respond to the judge by pleading not true. If you plead “not true,” your case will proceed to a contested proceeding.

At the contested hearing, the prosecutor will have the chance to make their case. They will have to submit evidence demonstrating that you violated probation as described. Essential aspects you should know when the prosecution presents its case are as follows:

  • Rules of relaxed evidence. Courts permit evidence that may be inadmissible in the initial criminal trial. This includes reports from probation officers and hearsay testimony. This makes it easier for the prosecution to substantiate the allegations of probation violation.

  • They require a lower level of proof. In probation revocation proceedings, the standard of proof is preponderance of the evidence. This is unlike criminal courts, where the required standard of proof is much higher, that is, beyond a reasonable doubt. That means in probation revocation proceedings, the prosecution only needs to prove that it is more likely than not that a probation violation or violations occurred.

After the prosecution makes its case, you will have the opportunity to challenge its evidence. You have the right to testify for yourself, bring in your own witnesses, and be represented by a lawyer. Most courts offer offenders the right to selected counsel.

Step 4: The Judge's Decision

At the end of the hearing, the court judge will review the evidence and rule whether a violation indeed occurred. If a violation did not occur, they will dismiss the MTR, and probation will continue. If the violation occurred, the judge has various sentencing options to impose. They may:

  • Reinstate the probation sentence with the initial terms

  • Modify the probation sentence with harsher terms.

  • Extend the period of probation

  • Revoke the probation sentence and enforce the term of the initial sentence

Reinstatement. If the judge reinstates your probation sentence, nothing changes. This is the most favorable outcome of a probation revocation hearing.

Extension. If the judge extends your probation, you may have more time added to your initial probation sentence.

Modification. If the judge modifies your probation, they might allow you to continue serving your probation sentence, but they may change the probation terms or add stricter rules.

Revocation. This is the most unfavorable result of the probation violation hearing. If the judge revokes your probation, they will approve a probation revocation warrant, and you will be sent back to prison or jail to serve your initially imposed sentence.

Consider this scenario: Steve is serving his probation sentence for theft. He missed two scheduled meetings with his probation officer because of transportation issues, and the officer subsequently brought an MTR to court, which led to his arrest. During the hearing, Steve’s lawyer presents his employment records and evidence of a good-faith effort to keep in contact with the probation officer. In this case, the judge may decide to reinstate Steve’s probation with the initial terms that were imposed.

That said, a probation revocation proceeding need not lead to the revocation of your probation. The judge may rule that you did not violate the probation terms or that the supposed violation was not severe enough to justify harsh consequences. Even if the judge finds that you violated probation, they can still decide to reinstate your probation.

You want to have a highly knowledgeable attorney fighting for you during the hearing to prevent a revocation. That is because your probation being revoked may mean your returning to jail. A skilled lawyer can be invaluable in asserting a compelling defense, which may yield favorable results, like continuing probation or avoiding prison or jail altogether.

The Consequences of a Probation Revocation

If you lose at the probation hearing, it means the judge has determined that you committed a violation. In this case, they will entirely revoke your probation sentence. If your probation is revoked, you can be subject to immediate, long-term repercussions that could immensely affect your life. Some of these consequences include:

  • Imposition of the initial sentence. The most apparent punishment is doing the initial prison or jail time that the court imposed initially during the sentencing hearing. For example, if the judge had imposed a five-year probation sentence after convicting you of a felony, revocation may mean you will have to serve the complete five-year prison term.

  • New criminal prosecution. If your violation involved committing a new crime, you may be subject to additional criminal charges apart from any consequences for probation term violations. This could lead to extended incarceration and consecutive sentences.

  • Stricter probation terms. The judge may allow you to continue your probation under more stringent terms. These include increasing the probation period, charging a court fine, and requiring counseling.

  • Collateral consequences. Apart from incarceration, probation revocation can affect you for the rest of your life. Some of the lasting effects are:

  • Employment difficulties because of having a criminal history and gaps in your work history.

  • Housing challenges when looking for an apartment to rent

  • Immigration repercussions for immigrants

  • Revocation of professional licenses in regulated industries

  • Child custody challenges in family court hearings

Additionally, if the presiding judge decides that you violated probation, you will likely be disqualified from early probation termination. Probationers with a past violation are rarely eligible for early termination of probation. Also, note that if you are sent to prison or jail, the period you spent on probation will not count towards your sentence. Therefore, if your original sentence was five years, you start serving it from scratch.

Reinstating Probation Sentence

It is possible to reinstate probation, although this depends significantly on the facts of the probation violation in question and the court's discretion. Judges look at several factors when determining whether to enforce the initial sentence or reinstate probation. Factors that support a probation reinstatement are:

  • If it is the defendant's first time violating probation

  • It is a technical violation, not a substantive violation

  • Completion of counseling treatment programs

  • Employment and strong ties to the community

  • Personal circumstances detailing the violation

  • Evidence of good-faith compliance efforts

Your lawyer can also present mitigating evidence to support continuation of probation. This includes the following:

  • Medical documents explaining missed probation appointments

  • Testimony on character by employers and family

  • Evidence of rehabilitation efforts and community involvement

  • Employment records that show work conflicts

Judges in Texas have high discretion in cases of probation revocation. Factors such as the accused’s general compliance record, evidence of rehab efforts, and the nature and severity of the probation violation influence how they make their decisions.

How to Prepare for a Probation Violation Hearing

Navigating probation violation proceedings can be a daunting experience. However, preparing a solid defense is essential. Start by collecting evidence in favor of your case, like documents, witness statements, and other helpful materials. Once done, review your probation terms carefully to understand the particular terms you are alleged to have violated.

It is greatly recommended to consult an experienced defense attorney. An experienced lawyer can assist you in preparing for the proceedings, argue your case efficiently, and comprehend the possible consequences of your probation being revoked.

An experienced lawyer can also devise a feasible strategy to reduce the implications of the probation revocation. For example, they can question the legality of the prosecution's evidence or assert that the supposed violation was only minor. Proper case preparation and professional guidance can substantially impact the outcome of the probation revocation hearing.

A skilled lawyer can explain the facts surrounding the supposed probation violation and assist in ensuring your rights are safeguarded through the hearing. Additionally, they can counsel you on potential consequences, including incarceration, and assist you in navigating the intricacies of the probation revocation hearing.

Understanding your probation term and the conditions imposed during the original sentencing hearing could also help you know what to expect and how you can adhere. This knowledge will be the key to developing a defense strategy or negotiating favorable terms for probation reinstatement rather than facing revocation.

Appealing a Probation Revocation Decision

Note that you can appeal your probation revocation. Nevertheless, the appeals process can be time-consuming and intricate. A skilled lawyer can assist you in filing a notice of appeal, which you must do within thirty days of the probation revocation order. Additionally, they can assist you in preparing your appeal, which entails presenting evidence and arguments to show the trial judge made a mistake in revoking your probation.

Prevailing in an appeal can be difficult. In many cases, the appellate court generally acknowledges the merits of the trial court's judgment, except when there is clear evidence of a mistake committed.

Contact a Skilled Criminal Defense Attorney Near Me

Revocation of your probation sentence is a severe issue that can have long-lasting implications for your life. If you have received notification that your sentence might be revoked, contact a skilled probation revocation attorney immediately, as they may successfully assist you.

At Andrew Deegan Criminal Attorney at Law, we offer compassionate and strategic legal counsel and support required to defend your rights. Thanks to our in-depth understanding of Texas probation statutes, we will work diligently to navigate the complex legal justice system on your behalf. If you face probation revocation in Fort Worth and are seeking legal assistance, please call us at 817-689-7002 to schedule a free consultation and case evaluation.