Houston Probation Violation Lawyer

Houston Federal Probation Attorney

If you face accusations of violating your probation, it is crucial to know your rights in this situation and the value of working with a skilled Houston federal probation and supervised release violation lawyer. Penalties for violating the terms of your probation or supervised release can be severe, but it is possible for a violation to occur through no fault of your own. Whatever your situation entails, Hochglaube & DeBorde, PC, can assist you in your defense.

At Hochglaube & DeBorde, PC, criminal defense attorney Nicole DeBorde offers her trademark respected and responsive representation to clients charged with violations of the terms of a Texas probation order. As a skilled criminal defense lawyer, she is committed to protecting your rights and working tirelessly to achieve the best possible outcome in your case.

Call (832) 720-7255 or contact us online. Our probation violation attorney brings over 20 years of experience helping clients protect their rights, regain their freedoms, and return to their families.

Respected & Responsive Probation Representation

The Hochglaube & DeBorde, PC can help on your behalf with issues including:

Community supervision
Motion to revoke probation
Motion to adjudicate
Early termination petitions

Our probation violation defense attorney can negotiate with the court and obtain information from your probation officer on your behalf, aiming to reduce new charges and limit potential jail time.

If the alleged probation violation was the result of one or more missed appointments with a probation officer, an absence from treatment program or a community service shortcoming, attorney Nicole DeBorde can negotiate persuasively to explain the circumstances and facilitate your return to society.

Probation violations defense can be more complicated and challenging when the alleged violation is accompanied by an arrest for a new offense. Ms. DeBorde will work hard in your defense to limit the risk of an additional consecutive sentence.

The most common probation-related offenses typically relate to:

Drug crimes. Many individuals who are assigned to probation for drug-related offenses will be required to attend substance abuse treatment services and maintain contact with their probation officer. They are also typically required to submit to random drug testing, and if they fail a test or are observed by their probation officer to be under the influence, they can be cited for a probation violation. With drug sentencing policy shifting in some areas, it’s important to have a skilled defense attorney by your side to navigate these changes and ensure your rights are protected.
DWI. Defendants on probation for DWI may face restricted driving privileges, be required to maintain contact with a probation officer, and submit to random drug and alcohol testing. Driving with a suspended license, failing a drug test, and breaking the law in any other manner are commonly cited probation violations for this type of defendant. A skilled DWI Lawyer can help defend your rights and work to prevent further penalties or consequences related to probation violations.
Weapons offenses. Probation for a weapon-related offense will likely require the defendant to surrender all of their firearms and ammunition, and they will be barred from possession or use of firearms as a condition of their probation.
Domestic violence. An individual charged with domestic violence is likely subject to a restraining order. While on probation, they will be required to comply with the terms of the order and meet other requirements as stipulated by the court. Any violation of a restraining order can have severe consequences. Along with the penalties for probation violation, they may also lose custody rights and owe civil damages to the victim.

When an individual has intentionally and knowingly violated the terms of their probation, a Houston federal probation and supervised release violation lawyer can still potentially assist them in mitigating the penalties that could be assigned to them. However, it is also possible for a probation violation to occur because of forces beyond the individual’s control, or they could be wrongfully accused of violating their probation.

Your lawyer can review the details of your alleged violation and explain your most viable defensive options. You may need to prove that the alleged violation only occurred because of an emergency. For example, you may be accused of driving with a suspended license after a DWI conviction but can demonstrate that you were assisting with a medical emergency.

Ultimately, your situation may not be as hopeless as it might seem. The right attorney can help gather evidence to support your side of the case at hand, prepare you for your probation revocation hearing, and argue for you to secure lighter penalties if you did commit a probation violation. Trustworthy defense counsel is just as essential in these proceedings as it is in any other type of criminal case.

Federal Supervised Release Violations

Unlike state probation, federal supervised release is a distinct period of oversight that begins only after an individual has completed their prison term. Under 18 U.S.C. § 3583, any violation of the conditions set by a federal judge can lead to a revocation hearing.

In the Southern District of Texas, these allegations typically fall into two categories:

Technical violations. Administrative breaches such as failing to report to a U.S. Probation Officer, failing a drug/alcohol test, or traveling outside the judicial district without prior court approval.
Substantive violations. Situations where an individual is accused of committing a new federal, state, or local crime while under supervision.

A federal judge has wide latitude at a revocation hearing. Depending on the severity of the violation and your history of compliance, the court may choose to modify your terms, extend the period of supervision, or revoke the release entirely and return you to federal prison for a new term.

Motions Related to Supervised Release

Supervised release is not a static sentence; it can be adjusted or even ended early through strategic legal motions.

Our attorneys can file and argue motions designed to improve your circumstances:

Motions for early termination. Under 18 U.S.C. § 3583(e)(1), the court has the authority to terminate supervised release at any time after you have served at least one year. To succeed, we must demonstrate that your conduct and the "interest of justice" warrant early release. We draft persuasive petitions that highlight your successful rehabilitation, steady employment, and strong community ties.
Motions to modify conditions. As life circumstances change, your conditions should change with them. We file motions to request the removal of restrictive terms, such as curfews or location monitoring, or to secure permission for work-related travel that was previously restricted.
Motions for relief from technical violations. If a violation is minor or occurred due to an emergency, we can advocate for a "reprimand and continue" or a modification of conditions rather than a full revocation of your freedom.

Find Trustworthy Defense Counsel for Your Probation Violation Case

The Hochglaube & DeBorde, PC has successfully handled probation violation criminal defense for a number of clients in recent years. While you may be understandably distressed when you consider the penalties that might be assigned to you for violating your probation, you could have more defenses available to you than you initially realize. We can assist you in understanding these options and articulate your position in your hearing.

Be in touch with us today if we can help with your probation-related difficulties. You’ll appreciate our reputation for respected, responsive representation. Our team can assist you not only with matters related to an alleged probation violation but also with a wide range of other post-conviction matters you could face. As a skilled post conviction lawyer, it is crucial to reach out to a trustworthy defense attorney when faced with any such situation.

FAQs

Can You Get a Probation Violation Dismissed?

Yes, it is possible to get a probation violation charge dismissed in Texas. However, it can be difficult to secure. If you are charged with violating your probation and served a notice of probation revocation, you will have the opportunity to attend a hearing and explain your side of the situation. It is possible that the judge may determine that no serious violation occurred or that your situation does not require punishment.

What Are the Penalties for Violating Probation?

The penalties for a probation violation in Texas can be severe and will vary from case to case. If a substantial violation is proven by a preponderance of the evidence to have occurred, the defendant may face their original sentence if they were given probation in lieu of the sentence for their original plea. They could also have their probation extended, fines added, and face additional conditions to their probation agreement or jail time.

Can You Bail Out of Jail for a Probation Violation?

You may not be able to bail out of jail for a probation violation. If you are sent to jail for a probation violation, you have the right to request a hearing within 21 days of the violation. If you are assigned straight probation, bail may not be allowed in your situation. Bail can, however, be allowed if a defendant is out on deferred adjudication. An experienced lawyer can explain the specifics of your situation.

What is the "Preponderance of the Evidence" Standard?

At a revocation hearing, the state does not have to prove you are guilty "beyond a reasonable doubt." They only have to show it is "more likely than not" (a preponderance of the evidence) that you violated a condition. This lower standard makes having an experienced defense attorney critical to challenging the probation officer's reports.

What Happens at a Probation Violation Hearing?

During a probation violation hearing, a judge will listen to a defendant’s explanation for their alleged probation violation. It is important to remember that during this hearing, guilt is not determined under the standard of beyond a reasonable doubt but instead by a preponderance of the evidence, which is a lower standard of proof. Rules of evidence are relaxed for both the defendant and the state.

Can You Bail Out of Jail for a Federal Supervised Release Violation?

Bail is not an automatic right in federal revocation cases, and the process is significantly more difficult than in state court. Under Fed. R. Crim. P. 32.1(a)(6), the burden of proof shifts to the defendant. You must prove by "clear and convincing evidence" that you are not a flight risk and do not pose a danger to the community.

Why Should I Hire a Houston Federal Probation and Supervised Release Violation Lawyer?

You should hire a lawyer because you have a far better chance of avoiding penalties or explaining the truth of your situation when you have legal representation on your side. Your attorney can help prove that you had a good reason as to why you violated probation or that you violated probation due to forces beyond your control. They can also potentially mitigate the penalties that might be assigned to you.

Get Help with Your Case Today

Our attorneys fight for your freedom in court after a probation violation charge.

We’re here to take your call at (832) 720-7255 or online for an initial consultation with Nicole DeBorde. Se habla español.

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Client Testimonials

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Nicole goes above and beyond.
“Nicole goes above and beyond the “call of duty” both in and out of the court room. Her statement to us when my husband and I hired her was that she would treat us like her family. She most certainly has done that. It has been almost 5 years since adjudication and she has continued to help us with any need that may arise. In this world of uncertainty, there is no one else I would rather have as our counsel than Nicole DeBorde. She truly is an anomaly and has no equal.”

- Kasie
Honest and does what she says.
“I was on probation and got arrested out of town. I had an attorney at the time who told me I would go to prison for 2 to 4 years for Revocation of Probation. I found Ms DeBorde, who told me that she would fight all the way to make sure this didn’t happen. I hired her, and in the end, she did just what she said. I’m very grateful that we have people on this earth who care about others the way Ms DeBorde does. She is an honest straight forward super Attorney . Thank you, Ms. DeBorde.”

- Michael

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