The courts in Tarrant County, TX, can place a defendant under supervision in the following ways:
- Pretrial Diversion – The prosecutor and the defendant enter into an agreement to defer prosecution and dismiss any criminal accusation if the defendant successfully completes specific terms or a specified program.
- Deferred Adjudication – The court makes no finding of guilty but has evidence to substantiate a finding of guilt; or
- Adjudication – The court makes a finding of guilt after finding evidence to substantiate a finding of guilt.
Probation Revocation Lawyer in Fort Worth, Arlington, Grapevine, Keller, and Southlake, TX
If you were accused of violating your probation or of failing to complete the terms of your community supervision, contact an experienced attorney in Fort Worth at the Law Offices of Richard C. McConathy to find out more about what a prosecutor must prove to revoke your probation.
During the initial consultation, you can discuss the charges pending against you, ways to avoid the typical penalties imposed in similar cases, and the best defenses to fight for an outright dismissal of the charges. We can help you fight the case after an accused probation violation in Tarrant County, TX.
Call the Law Offices of Richard C. McConathy at (817) 422-5350 to find out more and schedule a consultation with one of our attorneys.
The Basis for Revoking Community Supervision or Probation
The revocation of probation can be based on an allegation that the defendant committed a new felony or misdemeanor crime. Revocation proceedings can also involve violations of the special terms or conditions of probation or community supervision including:
- failure to pay fines or fees;
- failure to report to the probation officer;
- failure to attend or comply with court-ordered treatment;
- substance abuse;
- a dirty urine test showing the presence of a controlled substance;
- refusing to submit to a drug test; or
- prohibited associations.
If the court orders you to probation or community supervision, then you will remain under the jurisdiction of the court until the probation is terminated. If you fail to complete the conditions of supervision, then the violation of the special terms of your probation can result in the court issuing a warrant for your arrest.
The Texas Code of Criminal Procedures allows a defendant to request a revocation hearing within twenty (20) days of filing after a motion to revoke supervision. In Texas, a defendant has a right to counsel at the probation revocation hearing, which is held before the judge.
The prosecutor must prove the allegations by a preponderance of the evidence, instead of the higher standard of beyond a reasonable doubt used in a criminal jury trial. If the court finds at the hearing that the defendant violated the terms of community supervision, the judge may decide to:
- revoke community supervision and order the defendant to confinement for a term not less than the minimum prescribed for the offense which the defendant was convicted;
- extend the period of supervision; or
- modify or continue the defendant on community supervision with additional conditions such as additional community service, increased fines, or the placement in a substance abuse facility.
Community Supervision and Corrections Departments in Tarrant County – The CSCDs supervise and assist offenders placed on supervision by District and County Courts at Law in Tarrant County, TX. By using the Texas Case Classification and Risk Assessment tool, CSCD officers determine the defendant’s risk level and rank the defendant’s level of risk of failure if placed on supervision.