LAWYER How To Fight A Probation Revocation in Texas 2025

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How To Fight A Probation Revocation: A Former Prosecutor Gives You The Strategy! • Facing a Probation Violation in Fort Worth / Tarrant County? • ________________________________________ • Are you or someone you know facing a probation revocation in Fort Worth, Arlington or a surrounding city? If so, you need an experienced Fort Worth Criminal Lawyer to fight on your behalf. If you are placed on deferred adjudication or straight probation and the State of Texas alleges you violated your probation, you are entitled to a hearing. You are not entitled to contest the facts of the original charge. • Have you been placed on Deferred Adjudication or Straight Probation? There are two types of probation: straight probation and deferred adjudication. If you plea to straight probation, it is immediately a conviction on your record and your punishment is capped by the amount of exposure time you agreed to in your plea deal. For example, if you were sentenced to two years in prison suspended for five years, you are on a five-year probation. If your probation is revoked, the maximum amount of time you can spend in prison is two years. If you plea to deferred adjudication probation, it is not immediately a conviction. The Judge defers the finding of guilt for the length of your probation. For example, if you are placed on a five-year deferred adjudication probation, you are on probation for five years. If your probation is revoked, you could face up to the entire punishment range available for the crime. • • Have you been informed by your probation officer that they are filing a motion to revoke your probation? Learn the in's and out's of what to expect if you are facing a probation revocation hearing. What can you do if they have already issued a warrant? Is there a way to stay out of jail at the hearing? This video answers all your questions! • Probation Revocation hearings – what will happen? What should I expect? If you have been placed on a deferred adjudication or straight probation and your probation officer is claiming you have violated the terms and conditions of your probation, there are a few things you need to know in order to prepare yourself for what is to come • First, the ground rules: • • With a probation revocation hearing, you have no right to a jury trial. You have already agreed to a plea so you only have the right to a hearing in front of the judge. • • Burden of proof is lower on a probation revocation hearing – instead of being required to prove the case beyond a reasonable doubt, the DA only has to prove the revocation by a preponderance of the evidence – a lower burden of proof • • Although it is risky, it is possible for a judge to rule that you violated your probation but still allow you to keep your freedom. The judge can still reinstate your probation at the hearing if you present special or unique circumstances that explain your situation. • So How can a Good Lawyer help you on this? A good lawyer can work on your probation revocation PRIOR to the hearing. We, at The Fulgham Law Firm, have been able to resolve a number of probation revocation cases where our clients kept their freedom without ever having to take the risk of having a hearing before the judge. • A good lawyer can negotiate with the prosecutor, the probation department and the judge to look at the alleged violations of probation and sometimes show that the technical violations may not have been a violation of probation or that the violations do not warrant jail time as a consequence. Additionally, a good lawyer may be able to negotiate with the judge to keep your freedom in exchange for you taking a few extra classes or drug treatment. • Beware: if you have been told by your probation officer that a warrant is being issue for a probation revocation, it is important to have an attorney hired prior to turning yourself in. In Texas, the court will place a hold on you and you will not be able to post a bond unless an attorney makes the request for you. • Typical violations include: • • Fail to report • • Fail to pine fines/fees • • New offense • • Fail to complete required counseling or class • • Fail to complete community service • • Positive drug test • FOR YOUR FREE EBOOK: WHAT TO DO IF YOU HAVE BEEN CHARGED WITH A CRIME IN TEXAS • CLICK HERE https://www.criminalattorneyfortworth... • 0:00 How To Fight A Probation Revocation: A Former Prosecutor Gives You The Strategy! • 00:40 What are the 2 types of Probation? • 01:45 What is the difference between “Straight” and “Deferred Adjudication Probation?” • 02:55 What are the ground rules that you should be aware of? • 03:30 What is the burden of Proof in this case? • 04:25 How can a good lawyer help you? • 04:55 Remember: if you are on Straight Probation, you have no right to a bond! • 05:08 Remember: if you are on Deferred Adjudication Probation, your attorney can request a bond for you! • 06:15 What is “Progressive Sanctions?”

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