San Antonio Probation Lawyer
If you believe your probation officer is going to ask the court to punish you or will inform the court of an alleged violation, then you should consult an experienced San Antonio probation lawyer immediately.
Motions to Revoke Probation in Texas
In Texas, there are two types of probation: “Straight” or “Regular” Probation and Deferred Adjudication. If you were placed on either of these types of probation, technically called “Community Supervision,” then any violation of the terms of your probation could result in a Motion to Revoke your probation. Probation problems are handled quickly by most courts and arrest warrants may be issued the same day a violation is reported. The consequences of a Motion to Revoke (“MTR”) depend on the alleged violation and the type of probation.
Deferred Adjudication Probation
Deferred Adjudication is a special type of probation. The court has deferred, or delayed, adjudicating you guilty of the offense. Thus, you have not been convicted of the offense. If you successfully complete the terms of your deferred adjudication you could be eligible for early termination, a dismissal of the case, and to have your record sealed through a petition for non-disclosure.
You may hear some people call deferred the “good” type of probation. While that is not necessarily true, there are benefits of being placed on deferred. The most important is that you are not convicted of the offense. Also, there is early termination and the possibility of getting your record sealed.
If you are placed on deferred adjudication and you have failed to adhere to the terms of your probation, then you could be facing a Motion to Enter An Adjudication of Guilt (“MTA”), which is a motion to revoke your probation and enter a conviction on your record. The downside to deferred adjudication is that if the court finds that you did violate the terms of your probation, you could be subject to a full range of punishment. This is the big catch to deferred adjudication. So, in addition to being given a conviction, you could face the maximum sentence for the original crime you were charged with. If you are in violation of probation, in danger of being violated, or have an MTR or MTA pending, then you should contact a criminal lawyer immediately. There are often good options for addressing these problems, but time is a factor.
Regular Probation is different than Deferred Adjudication. In regular probation, you have been found guilty of the offense and you have a final conviction on your record, however, your maximum sentence for violating probation is usually capped below the maximum range of punishment for your offense.
In Texas, probationers may be entitled to early termination and may request modification of the conditions of their probation. In some cases, the terms of probation may be eased or terminated altogether. However, if you are facing a violation report, you are risking jail or prison time. Either way, a good San Antonio criminal lawyer can help develop options to keep you on probation when facing prison or by making your probation easier or even ending probation early. However, if you are being violated by your probation officer, you need to consult a good criminal lawyer quickly, because you may be arrested before you have the chance.
Remanded Without Bond (RWOB)
In the event you are facing a motion to revoke probation, you may find yourself in jail and remanded without bond (“RWOB”). You will need an attorney immediately. Despite many bail bond companies advertising that they can help with RWOB, the fact is that only an attorney can approach the court and get a bond set for you. In the event you were placed on deferred adjudication, you are entitled by law to a bond and you should immediately seek legal help. If you are placed on community supervision probation, then you are not legally entitled to a bond but a good criminal lawyer may still be able to get a bond set for you. Either way, criminal attorneys can help you avoid arrest and booking, get a bond set or reduced, and help you get a bond.
How Our Probation Lawyers Can Help
At Hoelscher Gebbia Cepeda PLLC, our probation lawyers have been handling probation cases, good and bad, for years in San Antonio and throughout Texas. We can assist with modifying the terms of your probation, early termination of probation, and fighting violation reports for deferred and regular probation.
Our probation lawyers routinely:
- Have ignition interlock devices removed
- Stop house arrest
- Obtain travel permits
- Remove SCRAM or GPS devices
- Win permission to report by mail
- Successfully terminate our clients’ probations early
- Seal or expunge criminal histories
San Antonio Probation Lawyers Serving All Of Texas
Although located in San Antonio, Texas, our probation lawyers handle cases throughout Texas and are recognized in many Texas courts. Some places we practice regularly include:
- Seguin, TX (Guadalupe County)
- San Antonio, TX (Bexar County)
- Floresville, TX (Wilson County)
- Pleasanton, TX (Atascosa County)
- New Braunfels, TX (Comal County)
- San Marcos, TX (Hays County)
- Boerne, TX (Kendall County)
- Hondo, TX (Medina County)
- Fredericksburg, TX (Gillespie County)
Reach Out To Our San Antonio Probation Attorneys Today
If you are having difficulty with probation, or have done really well under community supervision, then call (210) 222-9132 now for a free consultation at our San Antonio, Texas office to see what Hoelscher Gebbia Cepeda PLLC’s probation lawyers can do for you!