Probation Revocations in McKinney and Collin County
Experienced and Knowledgeable Legal Counsel
At Underwood & Associates, you can expect client-oriented and relentless
legal representation in your case. Attorney William Underwood will put
his decades of experience and legal knowledge to work to defend your case,
whether you have been accused of violating the terms of your probation
or if you are having issues with your court-ordered probationary terms.
At Underwood & Associates, we always put our clients first and address
their needs throughout the case.
Contact Underwood & Associates at (972) 449-7091 or online here to
speak with Attorney Underwood today!
WHAT IS PROBATION?
Probation is a criminal sentence, where defendants are supervised in the
community. There, they can provide financial support for their family and avoid the
trauma of jail. Probation, however, does not mean the defendant has all
the freedom to act as they had before. Those on probation have to abide
by the terms of their sentence, and breaking any of these terms can result
in a probation violation.
In Texas, probation violations happen when the rules of probation are broken.
A violation can lead to probation being revoked or extended, or result
in stricter terms of probation being imposed, a decision made during the
Note: that in Texas, even minor violations can be enough to revoke probation.
COMMON TERMS OF A PROBATIONARY SENTENCE
Some common terms of a probationary sentence include:
- performing community service hours,
- not getting arrested or charged with another crime,
- making restitution payments to the victim,
- seeing a probation officer regularly,
- completing drug or alcohol treatment,
- taking other courses as required by the court (e.g. anger management classes),
staying current on
child support payments,
- maintaining a steady job,
- being subjected to random drug or alcohol tests,
- staying in the area and only leaving it with the express permission of
the probation officer, and
- paying court costs, fines, and probation fees.
Note that convictions for different offenses come with different terms
of probation, and the length of probation will depend on the severity
of the crime. A defendant’s criminal history can also influence
the terms of their probation.
WHAT IS A Deferred Adjudication?
Deferred adjudication is a probation sentence that happens without a conviction. Judges can delay or defer the conviction and allow the defendant to complete
a probationary sentence in the meantime. If the defendant succeeds, the
case will be dismissed, and because there was never a final conviction
entered, the defendant can usually file a Motion for Nondisclosure to
remove their criminal record from public view.
Be aware that if you violate a term of your deferred probation, the State
can file a Motion to Adjudicate and can even try to revoke your probation.
At an Adjudication hearing, the judge can enter a final conviction for
the offense and even send you to jail, and typically none of the time
spent on deferred adjudication probation counts towards your jail sentence.
WHAT IS A MISDEMEANOR PROBATION?
Misdemeanor probation is a sentence for a criminal conviction on a misdemeanor
charge (in a felony case, the court can impose felony probation). The judge or jury can decide to put a defendant on probation rather
than send them to jail, and time spent on probation can reduce the amount
of jail time a defendant might need to serve. It can even completely replace
jail time in certain cases.
WHAT IS CONVICTION PROBATION?
Conviction probation is a sentence of probation that comes after a defendant
has been formally convicted. Conviction probation can cover all or only a part of the jail sentence
for a misdemeanor.
If it covers the entire jail sentence, it is referred to asstraight probation, and as long as the terms are successfully completed, defendants sentenced
to straight probation generally do not need to do any jail time.
The judge can also order you be placed on
“Shock Probation” after you have served a portion of your jail sentence. Note that defendants
who receive conviction probation will still have a criminal record, and
the conviction can be found by anyone who performs a background check.
WHAT IS A REVOCATION HEARING?
Probation can be revoked if any of the terms are violated. In such a case,
the prosecutor has the burden of showing that probation was violated at
the hearing, and they merely need to show this by a preponderance of the
At the revocation hearing, the judge can:
- decide there was no violation and release the probationer (deny the State’s Motion),
- decide there was a violation, revoke probation, and send the probationer to jail,
- decide there was a violation and enter an adjudication (a final conviction)
on the charge but leave the Defendant on conviction probation; or
- decide probation was violated, further tighten the terms of probation,
extend the length of probation, and release the probationer.
If the judge rules there was a violation, the probationer will likely become
ineligible for early termination of probation. Probationers with a prior
violation very rarely qualify for early termination. Also recall that
if the defendant is sent to jail, the time spent on probation will not
count towards their jail sentence.
Let Underwood & Associates Help Your Probation Case
If you’re deciding whether or not to accept probation or need to
seek clarification of your probation terms, or if you fear you may have
violated a term, you need to speak with an experienced attorney for legal support.
Underwood & Associates in McKinney, Collin County, Texas can evaluate your case and provide you
the legal representation you need in your probation-related matter.
Contact Underwood & Associates at (972) 449-7091 or online here to discuss your case.