Galveston Probation Violation Lawyer

Galveston Probation Violation Attorney

Many people convicted of criminal offenses in Galveston, Texas are issued probation as an element of their sentence. Some first offenders are put on probation in lieu of sending them to jail, offering them the chance to avoid harsh penalties if they comply with the terms of probation. However, violation of the terms of probation can carry severe consequences. A Galveston probation violation lawyer is an essential resource if you have been accused of such.

Experienced Criminal Defense Counsel in Galveston, TX

The team at the Law Office of Joseph Ruiz, PLLC, has years of professional experience in criminal defense law. We have successfully represented clients in a wide range of criminal cases in Galveston, from misdemeanors to felonies, and we know how to help a client accused of violating their probation.

In many cases, probation violations are relatively easy to avoid as long as you maintain proactive communication with your probation officer. Some probation violations occur unintentionally from honest mistakes, while others are more serious. Whenever an individual is accused of violating their probation, they could be arrested and will face a hearing in criminal court.

The Law Office of Joseph Ruiz, PLLC, can assist you with robust defense counsel if you are faced with a probation violation hearing in Galveston. Sometimes, these issues can be resolved with a clear explanation of the events, while others are more challenging. Whether you have mistakenly violated the terms of your probation or you have committed another crime, we can provide the defense counsel you need in these challenging situations.

Understanding How Probation Works in Galveston

Probation is one of the most commonly assigned penalties for all types of criminal convictions. The judge assigning probation to a defendant has the ability to assign terms to the defendant’s probation at their discretion. Typically, the terms of probation are intended to rehabilitate the defendant, encourage good behavior, and discourage them from committing other criminal offenses.

Some of the most commonly assigned probationary terms in Galveston include:

• Travel restriction. The defendant may be prohibited from leaving the state except under very specific conditions, such as to receive medical care in another state.
• Contact with a probation officer. The defendant will likely need to contact their probation officer on a weekly basis or along some other schedule. Failure to maintain this schedule can amount to a probation violation.
• Completion of community service. The defendant may be required to perform a certain number of hours of community service during their probation period. The defendant will need to obtain signatures from specific individuals confirming that they completed community service as directed by the court.
• Completion of a substance abuse treatment program. If the defendant was convicted of driving while intoxicated (DWI) or any drug-related offense, the judge assigning their sentence may require them to complete a treatment program as a condition of their probation.
• Completion of specific education courses. When a defendant has committed a serious traffic violation or any other criminal offense related to the operation of their vehicle, their probation may require them to complete a driver safety course.
• Submitting to drug and alcohol screenings. An individual on probation who has been convicted of a drug or alcohol-related offense may need to submit chemical samples for testing on a regular basis. Failure to comply or testing positive for an illicit substance will likely amount to a probation violation.
• Payment of all fines, penalty assessments, and court fees. Most criminal convictions carry financial penalties, and a term of probation may be full repayment of any fines, penalty assessments, or court fees assigned by the sentencing judge.

Ultimately, every individual who is sentenced to probation will have a set of conditions they must meet to comply with the court’s directions and fulfill the terms of their probation. If you have been sentenced to probation, it is vital that you fully understand all the terms and conditions of your probation so you do not mistakenly violate them.

Successful completion of the conditions of probation can enable the individual to avoid jail time and other penalties. However, if they are accused of violating their probation, this can carry severe consequences. The most serious penalties would follow if the defendant committed another crime while on probation, but it is also possible for them to face serious punishments for seemingly slight violations.

What to Do After a Probation Violation in Galveston

If the prosecution who handled your criminal case learns that you have violated the terms of your probation, they will likely submit a Motion to Revoke Probation to the court. They will most likely learn of your alleged violation from an arrest record or notification from your probation officer. Again, maintaining regular communication with your probation officer is the optimal way to avoid accusations of violation due to understandable circumstances.

Once a prosecutor has submitted their Motion to Revoke Probation, a hearing will be scheduled, and you will be confronted with a judge who will determine whether you did, in fact, violate the terms of your probation. During this hearing, the judge will consider all evidence and testimony necessary to reach a decision. If you are found guilty of violating your probation, the judge will determine your penalty.

If you have been accused of violating the terms of your probation, it is essential that you contact an experienced Galveston probation violation attorney as soon as possible. Your defense attorney will need as much time as you can give them to prepare your defense. In some cases, defending against accusations of probation violation is as simple as proving the circumstances beyond your control that compelled the action. Other cases are more difficult.

The Law Office of Joseph Ruiz, PLLC, has years of experience in the Galveston criminal court system. We know how prosecutors handle their cases and how they approach alleged probation violations. We also know the issues that individuals charged with criminal offenses typically encounter with their probation officers and the most common reasons for probation violations to occur.

If you need legal assistance with a probation violation hearing, we are ready to help. The sooner you reach out to a Galveston probation violation attorney, the more time your attorney can have to prepare your defense. The Law Office of Joseph Ruiz, PLLC, will work with you to determine the most viable defenses available in your current situation.

FAQs

Q: Can a Probation Violation be Dismissed?

A: Yes, it is possible to have an alleged probation violation dismissed in Texas. If you are accused of violating the terms of your probation, you have the right to a hearing, and a judge will listen to your defense. If you have a reasonable excuse as to why the alleged violation occurred, the judge may dismiss the violation. Consult your Galveston probation violation attorney to determine your most viable arguments to use at your hearing.

Q: What Are the Penalties for Violating Probation?

A: Any willful violation of the terms of your probation could lead to serious penalties, including jail time and other punishments assigned at the discretion of a criminal court judge. If you were required to complete specific terms of your probation that you failed to complete, you may be able to argue for an extension to your probation term or other diversionary penalties. Standard penalties for probation violations include jail time, fines, and more.

Q: What Should I Do if I Accidentally Violate Probation?

A: Many probation violations occur from honest mistakes or forces beyond individual control. If you mistakenly violated your probation or if a situation has arisen that prevents you from complying with probation for any length of time, it is vital to contact your probation officer. In most cases, proactive communication with a probation officer can prevent facing penalties for unintentional or incidental probation violations.

Q: Can You Leave the State While on Probation?

A: One of the most common conditions for probation is travel restriction. An individual on probation may be prohibited from leaving the state except under certain conditions. If you believe you have a valid reason to travel outside the limits of your probation’s travel restrictions, it is vital to consult your probation officer and/or a Galveston probation violation attorney to determine your safest options for addressing the situation.

Q: What Does It Cost to Hire a Galveston Probation Violation Attorney?

A: Most criminal defense attorneys charge their clients by the hour, setting an hourly rate based on their experience level and then tracking the time spent working on a case. Some criminal defense attorneys may offer flat rates for very specific legal services. Always take time to review a prospective attorney’s billing policy before agreeing to their representation.

The Law Office of Joseph Ruiz, PLLC, is ready to provide the comprehensive defense counsel you need in any criminal case in Galveston. Whether you are accused of violating your probation or face a new criminal charge while you are already on probation, it is crucial to have defense counsel you can trust to reach the optimal outcome of your case. Contact us today to schedule your free consultation with a Galveston probation violation attorney.