Probation Violations

Probation violations are unique because whether your probation is revoked or not depends entirely on your particular judge.
When you were placed on probation you received certain conditions that you must abide by during the term of your probation. As long as you live up to the terms and conditions of probation you will not be incarcerated. In that sense probation is very much like a contract.
Once there is a motion to revoke your probation filed against you, your lawyer should carefully review the allegations in the motion and determine whether or not the State can prove the allegations contained in the motion.
Usually your lawyer should attempt to negotiate that your probation be continued. Most judges in Dallas County give there probation officers wide discretion in deciding what to do with probation violations. Your probation may be continued, extended, or revoked.
Unlike new cases, when it comes to probation violations it is important to have a lawyer who is familiar with the judges and probation officers in your county. The very discretionary nature of probation violations makes this very important. Also probation officers and judges who are familiar with your lawyers work ethic are more readily to give you the benefit of the doubt.
Many lawyers make the mistake of simply asking the probation officer in your court what his or her recommendation is for your particular case without doing a thorough examination of the history and facts of your case.
For example, the underlying offense that you were placed on probation for is generally considered not relevant in a probation violation. For that reason some attorneys fail to examine the underlying facts of your case. However, your case maybe such that to revoke your probation would be an injustice given that the evidence in your original case was slim, sketchy or nobody got hurt.
This needs to be pointed out to the probation officer through your attorney. Negotiation is an art form that some attorneys do well at and others do not.

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