Missing a court date can be a stressful occurrence for anyone, especially if you are not entirely sure how to proceed or how to act. Therefore, hiring probation violation attorneys to help you navigate this process can be a great move, that not only provides you with necessary legal advice, but also acts as a comforting partner that can guide you along for the best results.
What you should know about probation revocation in Texas
It is considered a serious violation if you miss your court date while you are on probation in Texas. This can lead to revocation as the court can consider the missing court date a failure to comply with your probation terms, which can result in arrest warrants, extra penalties or incarceration.
Typically, the judge will issue a bench warrant for your arrest once you miss the initial court date while on probation. Most likely the probation officer or the prosecutor in charge of your case will file a motion to revoke due to the violation of probation. This can result in being held in jail without bond until the hearing.
A revocation hearing will then take place, where the judge will consider the new terms for your probation, based on the different factors that led to you missing your court date. So this hearing is important not to miss, and many people increase their chances for a positive outcome by hiring a probation revocation lawyer to help argue their case.
Why choose a probation revocation lawyer
A probation violation attorney can help mitigate the damage and consequences caused by a missed court date in a number of ways. The sooner the lawyer is hired, the better, as it provides more time to strategize, gather potential evidence for missing the court date, and inform the client on the best ways to proceed.
Depending on the specific circumstances, the overall goals of a probation violation lawyer can differ slightly. Some clients might wish help with requesting bond, in order to stay out of jail while waiting for the revocation hearing.
Other clients might want a better chance at explaining the circumstances that led to missing the court date, whether that be an illness, emergency, misunderstanding or something else. By having an attorney present the evidence, the client can ensure that their side of the story is properly heard and considered by the court.
Sometimes the attorney will choose to advocate for modifications to the probation, which can include adding community service or counseling to the list of requirements, in order to avoid jail time for instance. The attorney will work with each client individually to figure out what works best.
Alternatively, if the client believes that the missing court date stems from miscommunication or lack of proper notice by the authorities, the lawyer might choose to challenge the motion to revoke, and can in some cases get the case dismissed.
In situations where revocation is likely, the probation attorney will often try to negotiate the consequences to the benefit of the client. Sometimes this can involve a lighter sentence, or a reinstatement of the probation instead of full incarceration.