Probation/Parole Revocation

In Houston criminal cases, when you are convicted of a crime or if your sentence was suspended the judge can opt to place you on probation or “community supervision.” (CCP – 42.12) This type of sentence is normally offered to those not previously convicted of a felony. In these cases, the Houston criminal court will set up specific rules that have to be followed and if you successfully complete your probation without incident you will not be sent to jail or prison. Typically probation requirements include reporting to a probation officer on a regular basis, performing community service, paying fines and/or restitution and sometimes even drug screening.  If a person does not complete the requirements of his/her probation the probation officer can file a “Motion to Revoke Probation”.  Once a motion is filed by the probation department a warrant for your arrest will be issued and you could be arrested if the police find you.  Motions may be filed, and arrest warrants issued for (among other things):

• Failing to report to a probation officer
• Failing a urine analysis drug test (“dirty UA”)
• Failing to make restitution or get court-ordered treatment
• Committing a new crime during the probationary period

If a motion to revoke is filed the person on probation will be served and afforded the opportunity to defend himself/herself (through their attorney) in front of a criminal court judge. If the judge assigned to your case determines that you violated the terms of your probation it does not automatically mean that you are going to jail. Often times the judge will decide against imposing a jail sentence in your case and instead they will extend the length of probation, impose additional fines and require you to attend counseling, boot camps or treatment programs. If you know that you are in violation, the probation revocation lawyers at Midence & Skillern can spare you the embarrassment of being arrested at your home or workplace.  We will contact the court to arrange a hearing before the sentencing judge and we will speak to the judge about setting a bond so that you won’t be taken to jail while awaiting your hearing.

Come visit us and we will advise you of steps you can take to put yourself in a better position before the probation violation hearing, including: entering drug or alcohol treatment, paying fines or restitution and making contact with your probation officer.  Your lawyer at Midence & Skillern will also offer the court alternatives (submitting to regular drug tests, serving a small amount of jail time) to the judge in lieu of serving your full jail or prison term. .  If you find yourself in trouble, the probation revocation lawyers at Midence & Skillern can help.  The probation revocation lawyers at Midence and Skillern have spent years helping people with their probation revocations in Houston and surrounding counties.

Deferred Adjudication

In Houston, state criminal courts often offer certain people charged with a crime a chance to avoid a finding of guilt and a criminal conviction.  If the judge determines there is enough evidence to find you guilty he can defer the guilty finding and place you on a type of probation called Deferred Adjudication (CCP – 42.12).  Deferred adjudication is a handy tool and can be advantageous to certain clients because full completion of your probation conditions will result in your case being dismissed by the judge and there will not be a guilty finding on your criminal record. Furthermore, a person who has successfully completed a deferred adjudication can file a motion for non-disclosure in their case.  A motion for non-disclosure, commonly known as “sealing your record”, is a court motion filed by your attorney that can result in your record being “sealed” to everyone except for law enforcement.  However, if you fail to successfully complete probation the judge can sentence you to jail time.

Parole (CCP – Ch. 508)

A Motion to Revoke Parole is similar to a probation violation, with two key differences:

1. You cannot bond out of a parole warrant. The “blue warrant” requires you to sit in jail until the parole revocation hearing.
2. Your case is argued before an administrative hearing officer, not a judge. (Code of Crim Pro – 508.281)