Are you facing a probation violation? Depending upon the type of probation violation at issue, you could be facing serious jail time. Are you on deferred adjudication probation, or straight probation (i.e., probation resulting in a conviction). If you were placed on deferred adjudication, a probation violation could result in your being sentenced to the maximum sentence available for the type of offense for which you received probation. For example, on a class A misdemeanor offense, the range of punishment is up to one year in the county jail, and a fine of up to $4000. Hence, on a probation violation in a case of this nature, you are facing up to one year in the county jail in a probation violation hearing. A probation violation is initiated by the district attorney’s office in the county where your offense is alleged to have occurred.
Motion to Proceed to an Adjudication of Guilt
In cases where you’ve received deferred adjudication probation, the state files a motion to proceed to an adjudication of guilt. In straight probation cases, a motion to revoke probation is filed. In either instance, a warrant is issued for your arrest, and you’re required to make bond. If you’re arrested and taken to the Lew Sterrett Justice Center (i.e., the Dallas County Jail), you will typically be held for six to eight hours before being arraigned by a judge.
Misdemeanor Probation Violation Cases
In misdemeanor probation violation cases, a bond is usually set, which can then be posted so that you can be released from custody. In felony probation violation matters, very often you will be held on a no bond warrant, and must wait in jail until you have a court date, or until your attorney can obtain a bond from the judge, and that bond is posted.
Whether you’re facing a felony or a misdemeanor probation violation, it can be highly advantageous to hire a criminal defense attorney prior to being arrested on the probation violation warrant. In most Dallas County misdemeanor probation violation cases, and some felonies, it’s possible to post bond by means of a walk through. A walk through involves posting bond at the jail, but avoids your being taken into custody.
Your case is then set for court, at which time the state’s motion to revoke probation, or motion to proceed to an adjudication of guilt, is considered by the court.
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