San Antonio Probation Violation Defense Lawyers
Probation violation is a very serious matter, and is best if handled by an experienced lawyer to represent you. Probation is a common sentence for minor criminal offenses. Defendants are able to stay out of jail while they complete the required terms of the probation. These requirements could include:
- Attending school,
- Taking anger management classes,
- Abstaining from drugs or alcohol,
- Meeting with the probation officer,
- Not being arrested for another crime,
- Staying away from certain friends, or
- Performing community service.
A Violation of Probation Could Send You to Jail or Prison
You must fulfill the conditions of probation to stay out of jail or prison. If you violate or just appear to violate the conditions of your probation, your probation could be revoked. A probation violation may mean that you have to serve the full sentence for the original crime.
If your probation officer has filed a motion to remove you from probation, you have very little time to mount a defense. Calling a lawyer experienced handling a probation violation is important when your freedom is at stake. Call Gireud | Hobbs, PLLC immediately for a free consultation, even if you suspect a probation violation: (210) 787-3916.
San Antonio defense lawyer Colin Hobbs is a former prosecutor who has handled many probation violation cases from both sides. He’s seen the problems people facing trying to meet the terms of their probation, and the problems forced upon them by probation offices.
Our firm investigates to determine whether there is any basis for the probation revocation or adjudication motion. Many lawyers don’t do this. We conduct discovery – legal interviews that compel the other party to provide documents and information – to review the probation officer’s notes. There could be a problem with the notes or they could show that you were, in fact, in compliance.
Colin Hobbs will examine the facts surrounding your arrest, check the validity of a traffic stop, or identify any mitigating circumstances that prevented you from reporting to the probation officer.
The Process of Revoking or Adjudicating Probation
If the probation officer believes that you are in probation violation he/she will file a motion to revoke probation. Or file a motion to adjudicate if you are on deferred probation. The district attorney’s office must then approve the motion, file it with the court, and issue a warrant for your arrest. The court will schedule a hearing in the court that originally sentenced you after your arrest or where you voluntarily surrendered.
The judge will then decide if you can remain on probation, possibly with additional conditions, or go back to jail or prison.
As a former prosecutor, Mr. Hobbs knows how to talk to prosecutors. He understands what they are looking for in terms of punishment. This insight helps him with offers and negotiations to keep you out of jail.
For example, if you were on probation and were then arrested for a first-time DWI, he may propose alcohol awareness or driver safety classes, visits to high schools to talk about drunk driving, or other punishments that show the judge that you are taking the situation seriously. This approach allows the judge to continue your probation with additional conditions rather than revoking it altogether.
Contact Gireud | Hobbs About Probation Violation Issues
Having a knowledgeable lawyer who understands the prosecution’s viewpoint can help your case. Call our San Antonio office at (210) 787-3916 immediately if you face the possibility of revocation of probation.