Texas Probation Violation Lawyers

What Constitutes a Probation Violation

A probation violation is any alleged failure to comply with the conditions of community supervision set by the court. Common violations include:

• Failure to report.  Missing a scheduled meeting with the probation officer. One of the most common technical violations and often the result of transportation, employment, or communication difficulties rather than deliberate non-compliance.
• Positive drug or alcohol test.  Testing positive for a prohibited substance. The reliability of the testing methodology, the chain of custody for the specimen, and whether the positive result can be explained by a prescribed medication are all subject to challenge.
• Failure to pay fines, court costs, or restitution.  Under Bearden v. Georgia, 461 U.S. 660 (1983), a court cannot revoke probation for failure to pay if the defendant made bona fide efforts to pay and the failure was due to circumstances beyond their control. Inability to pay is a defense to revocation for non-payment.
• Commission of a new offense.  An arrest for a new criminal offense can trigger a revocation motion even before the new charge is resolved. An arrest is not a conviction. The state still must establish the violation at the revocation hearing, and the outcome of the new charge affects the revocation proceedings.
• Failure to complete required programs.  Missing counseling sessions, failing to complete community service hours, or not completing an anger management or substance abuse program.
• Violation of travel restrictions.  Leaving the county or state without authorization from the probation officer or the court.
• Contact with prohibited persons.  In family violence, sex offense, or other cases with no-contact conditions, any contact with the prohibited person can constitute a violation regardless of who initiated contact.

The Revocation Hearing: Procedure and Burden of Proof

A motion to revoke community supervision is filed by the state and served on the defendant. The defendant is entitled to a hearing before the judge who imposed the supervision, or another judge if that judge is unavailable. The defendant has the right to be represented by counsel and the right to confront and cross-examine witnesses.

The burden of proof is preponderance of the evidence. The state must show it is more likely than not that the violation occurred. This is materially lower than the beyond a reasonable doubt standard that applies in a criminal trial. Evidence that would be insufficient to support a conviction may be sufficient to support a revocation.

The judge, not a jury, decides whether the violation occurred and what the consequence will be. If the court finds a violation, it has several options: it can continue the supervision with modified conditions, extend the period of supervision, impose a period of jail as a condition of continued supervision (a “shock” sanction), or revoke supervision entirely and impose the sentence.

The Motion to Adjudicate in deferred adjudication cases follows the same procedural framework but carries a different consequence. If the court adjudicates guilt, it then conducts a punishment hearing and can assess any sentence within the applicable punishment range for the original offense, which may be significantly more severe than the originally suspended sentence in a straight probation case.

Defense Strategies at the Revocation Hearing

Challenging the evidence of the violation.  The state must prove each alleged violation by a preponderance. The defense examines the evidence supporting each alleged violation independently: the probation officer’s documentation, the drug test methodology and chain of custody, the new offense charge and whether it can be established at the preponderance standard, and whether the conditions alleged to have been violated were clearly communicated to the defendant.

The inability to pay defense.  Where the alleged violation is failure to pay fines, court costs, or restitution, the defense must present evidence of the defendant’s financial circumstances and the good-faith efforts made to comply. A defendant who was unable to pay despite genuine efforts cannot be revoked solely for non-payment under Bearden.

Technical violations with mitigating circumstances.  Many revocation motions arise from technical violations (missed appointments, missed program sessions, administrative failures) that occurred in the context of genuine compliance difficulties rather than deliberate evasion. Employment conflicts, transportation barriers, family emergencies, and health issues that caused technical violations without willful disregard for the supervision conditions are all mitigating factors the defense presents to the court.

New offense charges that are dismissed or result in acquittal.  Where a revocation motion is based on the commission of a new offense, the outcome of that charge affects the revocation proceedings. A dismissed charge does not automatically defeat the revocation (the preponderance standard is lower) but it significantly weakens the state’s evidence and may lead to withdrawal of the motion.

The disposition hearing: mitigation at the consequence phase.  Even where the court finds a violation, the consequence is not automatic revocation. The court hears evidence at the disposition phase and has discretion to impose a range of sanctions short of full revocation. Presenting mitigating evidence (ex. progress made during supervision, employment and family stability, treatment completed, the circumstances of the violation) can mean the difference between a modified supervision term and imprisonment for the full suspended sentence.

Early Termination of Community Supervision

Texas Code of Criminal Procedure Article 42A.701 permits the court to terminate community supervision early if the defendant has completed at least one-third of the supervision period (or two years, whichever is less), has paid all fines and restitution, and has otherwise complied with the conditions of supervision. Early termination discharges the supervision and, for deferred adjudication cases, permits the defendant to seek non-disclosure of the record.

If you are currently on community supervision and have maintained compliance, evaluating eligibility for early termination is a proactive step that should be considered rather than waiting for a violation motion that could put the entire case at risk.

Why Deandra Grant Law

• 30+ years of criminal defense across North and Central Texas.  500+ trials to verdict. Probation violation hearings are an area of active practice, not an occasional matter.
• Full understanding of the deferred adjudication vs. straight probation distinction.  The consequence of revocation differs significantly between the two, and the defense strategy must account for that distinction.
• Mitigation presentation at the disposition phase.  Winning at the violation phase is the goal. When that is not achievable, the disposition hearing is where incarceration can still be avoided or minimized.
• 17 published law books. Including A First Offender’s Guide to Texas Criminal Courts
• Texas Super Lawyer since 2011.  AV® Preeminent rated by Martindale-Hubbell®.
• Offices in Dallas, Fort Worth, Allen, Denton, Waco, and Rockwall.  North and Central Texas courts served directly.

If you are facing a probation violation motion in Texas, call (214) 225-7117 for a free, confidential consultation. Or schedule online at texasdwisite.com.