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
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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:
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- 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
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