Once an individual is placed on probation, also known as community supervision or deferred adjudication, his or her rights will be limited severely. Any time a judge has reason to believe the individual has violated one of the numerous rules of probation, a capias (or warrant) can be issued and the individual immediately arrested. To make matters tougher, if the individual is serving a probated sentence, he or she can be incarcerated pending a hearing without bond. At the hearing, the government need only prove a single rule violation by a preponderance of the evidence in order to revoke the community supervision or adjudicate the defendant guilty. If the judge determines a rule has been violated, there will be a number of options available from imposing time in the county jail as a sanction, to sending to drug treatment or intermediate sanction facility, to imposing the maximum incarceration available.
If you are accused of violating a condition of probation you need the representation of an experienced attorney. Call Edward today for a free consultation 361-489-3414.