McCarty-Larson, PLLC: October 2022

Wednesday, October 19, 2022

Having the Right Attorney is Critical If You Violate a DWI Probation

What Happens When You Violate Probation (Community Supervision) for a DWI in Texas

Midlothian, United States - September 19, 2022 /McCarty-Larson, PLLC/

What Happens When You Violate Probation (Community Supervision) for a DWI in Texas

Violating the terms of probation in a DWI case is a very serious matter that can impact many facets of a person’s life, including their freedom and ability to keep a job, and very likely affect the lives of their family members. Because of its serious nature, it is important to act quickly and obtain legal advice, says McCarty-Larson, DWI defense lawyer in Midlothian, TX.

What is Probation?

For those convicted of a crime in Texas, probation, or community supervision, is commonly part of the sentence. Probation is the opportunity for an offender to serve their time under the supervision of a corrections officer rather than in a corrections facility. Under this arrangement, the person is given certain restrictions and conditions which must be kept in order to avoid prison.

Common Terms of Probation

The terms of probation in any DWI case in Texas can vary from case to case, but most commonly include some or all of these conditions:

Avoiding any further violations
Show up for court
Attend alcohol awareness program
Attend victim impact panel
Reporting to a probation officer at set times
Abstain from drugs and alcohol
Submit to drug and alcohol testing
Pay all fines and court costs
Do community service
Install an ignition interlock device on the vehicle
Stay employed
Support dependents
Consent to home and work inspections

What Happens When a Person Violates a DWI Probation?

If a person is found to have violated the terms of probation in any way, a judge (the Bench) will issue a bench warrant. This can happen automatically if there is a failure to comply with any of the conditions, such as missing an appointment or not completing an alcohol awareness program.

When the terms get violated, the judge may issue all or some of the following consequences:

Revoke probation and impose the original jail sentence.
Revoke probation and impose a tougher jail sentence.
Extend probation
Additional alcohol awareness education
Additional fines
Add additional terms to the probation

What Happens at a Probation Hearing

Anyone that is accused of violating probation is entitled to a hearing. At the hearing, a prosecutor will present evidence that the individual violated the terms of their probation and a criminal defense attorney has the opportunity to refute the claims or present evidence that contradicts them.

Why Work with a Skilled DWI Defense Lawyer

Working with a skilled DWI defense lawyer is especially helpful after violating the terms of a DWI probation. Not every violation results in having probation revoked. A judge has many options in imposing consequences and, depending on the type of violation, may choose to increase the restrictions of the probation rather than completely revoking it. A defense attorney can help avoid some of the stricter punishments. A defense attorney can also help challenge a revoked probation.

How do you find the best DWI Lawyer?

Finding the best Midlothian DWI lawyer depends on more than a quick search of “DWI lawyers near me.” When you are looking for a skilled and qualified criminal lawyer, look for these things:

Experience in alcohol-related offenses
Conducts thorough investigation
Exceptionally well versed in finding holes within the prosecutor's case
Aggressive and a well-prepared defense
Knowledge of law enforcement practices

Every case is complex, unique, and life-changing. Ultimately, the right DWI lawyer is the one that is right for you and able to handle your case. Having extensive and multi-faceted knowledge of law enforcement, prosecution, and defense, DWI Lawyers McCarty-Larson aggressively defends our client’s rights and interests. For more information, contact DWI Lawyer at (972) 775-2100

Top Signs a Criminal Case is Weak

Midlothian, TX criminal defense attorney McCarty-Larson Discusses How to Spot a Weak Case

Midlothian, United States - September 28, 2022 /McCarty-Larson, PLLC/

Top Signs a Criminal Case is Weak

Being arrested is distressing, but it does not mean that the arrest will lead to a conviction, explains Midlothian, TX, criminal defense attorney McCarty-Larson. Very often, signs the case is weak are evident early in the process, and hiring an experienced criminal defense lawyer can help you get charges settled favorably.

Signs of a Weak Criminal Case

Here are the top signs of a weak case that can lead to charges being dropped, dismissed, reduced, or settled favorably.

Unlawful Arrest

A person cannot be arrested for a crime for no particular reason. Law enforcement must have probable cause that a person committed a crime for them to be arrested. Probable cause means having a sufficient reason to believe the crime has been committed by a particular person based on known facts. This reasonable belief must be made on observable facts and circumstances available to them.

If law enforcement did not have probable cause for an arrest, a criminal defense lawyer might be able to help get charges dropped or work out other favorable results.

A Lack of Evidence

Criminal charges can be dropped if there is insufficient evidence. There may be several reasons for a lack of evidence.

Not enough evidence. In this case, prosecutors may feel that there is not enough evidence to show that a person violated a criminal law and gain a conviction. Evidence may include things such as DNA evidence, video footage, or physical evidence.
Exculpatory evidence. Throughout the investigation, prosecutors may also find evidence that undercuts the case against the accused. This is evidence that excuses or absolves the guilt of the defendant. This might include things such as -
Evidence was illegally obtained. All evidence used in a criminal case must be lawfully discovered, seized, and offered into evidence. If the evidence is not legally obtained it is inadmissible in court.

Lack of Witnesses

Witnesses play a very important role in building a case against a defendant. If there is a lack of witnesses to corroborate having seen a person commit a crime or to place them in the area of a crime, it can be an indication of a weak case.

Mistakes in the Criminal Complaint

The criminal complaint sets forth the allegations against the accused and is supported by an affidavit of probable cause. This includes the date of the alleged offense, the conduct, and the criminal code violation. Mistakes in the process provide a basis for a criminal defense lawyer to seek a dismissal of charges.

The Importance of a Skilled Criminal Defense Attorney

For anyone facing criminal charges, it is important to find a skilled local defense attorney as soon as possible. Here’s why:

A local criminal defense attorney can identify weak criminal cases
Having a skilled defense attorney can greatly improve the outcome of a case
A skilled attorney will act fast to help provide a strong defense
Private criminal defense attorneys have time to meet with clients, understand circumstances and invest in the case
A local criminal defense attorney will have insights into local law enforcement and courts

Finding a Criminal Defense Attorney Near Me

Finding the best criminal defense lawyer in Midlothian TX depends on a few things. When you are looking for a skilled and qualified lawyer, look for these things:

Experience in similar offenses
Conducts thorough investigation
Exceptionally well versed in finding holes within the prosecutor's case
Aggressive and a well-prepared defense
Knowledge of law enforcement practices

Every case is complex, unique, and life-changing. Ultimately, the right criminal defense lawyer is the one that is suitable for you and able to handle your case. Having extensive and multi-faceted knowledge of law enforcement, prosecution, and defense, McCarty-Larson aggressively defends its client’s rights and interests. For more information, email contact@mccartylarson.com or contact the office at (972) 775-2100.

Having the Right Attorney is Critical If You Violate a DWI Probation

What Happens When You Violate Probation (Community Supervision) for a DWI in Texas

Midlothian, United States - September 19, 2022 /McCarty-Larson, PLLC/

What Happens When You Violate Probation (Community Supervision) for a DWI in Texas

What is Probation?

Common Terms of Probation

The terms of probation in any DWI case in Texas can vary from case to case, but most commonly include some or all of these conditions:

Avoiding any further violations
Show up for court
Attend alcohol awareness program
Attend victim impact panel
Reporting to a probation officer at set times
Abstain from drugs and alcohol
Submit to drug and alcohol testing
Pay all fines and court costs
Do community service
Install an ignition interlock device on the vehicle
Stay employed
Support dependents
Consent to home and work inspections

What Happens When a Person Violates a DWI Probation?

When the terms get violated, the judge may issue all or some of the following consequences:

Revoke probation and impose the original jail sentence.
Revoke probation and impose a tougher jail sentence.
Extend probation
Additional alcohol awareness education
Additional fines
Add additional terms to the probation

What Happens at a Probation Hearing

Why Work with a Skilled DWI Defense Lawyer

How do you find the best DWI Lawyer?

Finding the best Midlothian DWI lawyer depends on more than a quick search of “DWI lawyers near me.” When you are looking for a skilled and qualified criminal lawyer, look for these things: