Skip to Content
The Law Office of Will Mitchell The Law Office of Will Mitchell
Free Consultations 512-858-8611
Top
Probation Violation

Austin Probation Violation Defense Attorney

What is Probation?

Probation, also known as community supervision, is where you have been determined guilty of an offense but instead of serving jail time, the Judge orders you to follow certain conditions. There are many standard conditions you must follow, and if probation believes you are not abiding by these conditions, then they can recommend your probation be revoked and you sent to jail. If there is ever a motion to revoke your probation, you have a right to have a criminal defense lawyer represent you.

Often, probation revocation cases are about mitigating the conduct alleged as opposed to disproving the violations. Probation violations aren’t about finding you guilty beyond a reasonable doubt of the underlying offense but about the state being able to prove that you more likely than not didn’t follow the terms of your probation. If the state thinks you violated any condition, they will file a motion and the court will either issue a warrant or summons you to court to hear the motion. Many times, our Austin probation violation defense lawyer at The Law Office of Will Mitchell can settle these cases without you being sent to jail. Everything depends on what violations the state alleges.

If you or a loved one has been accused of violating probation in Austin, contact us today at (512) 858-8611 and request a free initial consultation. 

Types of Probation in Texas

There are 2 types of community supervision in Texas for felonies and misdemeanors:

  • Simple Straight Probation - is where you are found guilty on a charge, and you are sentenced to a certain amount of jail time, but that sentence is suspended/probated for a term so long as you complete all your conditions.
  • Deferred Adjudication - is where you have not been found guilty and are not sentenced to any jail time, rather, the finding of guilt is probated while you complete your terms and conditions of community supervision.

What are Standard Probation Conditions?

Standard probation conditions in Texas include but are not limited to the following:

  • commit no new offenses
  • abstain from the use of any alcohol or drugs
  • no traveling without permission
  • report as directed to your supervisor
  • provide a sample of breath or urine on request
  • pay your court ordered monies.

A judge may impose any other reasonable condition of probation. The maximum length of misdemeanor probation is two years and the maximum length of a felony probation is 10 years.

What are the Common Examples of Probation Violations in Texas?

Probation violations in Texas can vary depending on the specific terms and conditions of a person's probation, but some common examples of probation violations in Texas include:

  • Failure to report to a probation officer or make false statements to a probation officer.
  • Commit a new offense while on probation.
  • Engage in criminal activities or associate with individuals who have a criminal record.
  • Fail a drug or alcohol test or using drugs or alcohol.
  • Use or possess of illegal drugs or weapons.
  • Fail to pay court-ordered fines or restitution.
  • Fail to complete court-ordered programs or treatment (e.g., anger management or substance abuse treatment)
  • Fail to comply with specific conditions of probation, such as attending school or maintaining employment.
  • Leave the state or county without permission from a probation officer.

What are the Consequences for Violating Probation in Texas?

If a person violates their probation in Texas, they may face additional penalties, including extended probation, fines, community service, or even jail time. Additionally, Texas has a specialized court system called "drug courts" that offer treatment and support to individuals with substance abuse issues who are on probation. If a person on probation violates their conditions related to drug or alcohol use, they may be referred to a drug court for further evaluation and treatment.

If you successfully complete your probation, there is never a conviction (or a finding of guilt) and the charge is essentially dismissed. However, if a judge finds that you did not successfully complete the terms and conditions of probation then you are not only subject to a finding of guilt, you are exposed to the entire punishment range of the charge that was probated. To you, although the consequences may be different, the behavior expected is the same.

Understanding Probation Violations in Austin: Local Insights

Living in Austin, you know that our city is vibrant and full of opportunities, but it also comes with its own set of challenges, especially when it comes to navigating the legal system. If you or a loved one is facing a probation violation, it's crucial to understand the local landscape and resources available to you.

In Austin, probation violations can be particularly stressful due to the stringent conditions set by the Travis County Probation Department. The local government entities, such as the Travis County District Court and the Austin Police Department, play significant roles in monitoring and enforcing probation conditions. Violating these conditions can lead to severe consequences, including extended probation, additional fines, or even jail time.

Personalized Legal Assistance 

One common pain point for Austin residents on probation is the requirement to report regularly to a probation officer. Missing an appointment or failing to provide accurate information can quickly escalate into a probation violation. Additionally, the prohibition against traveling without permission can be particularly challenging in a city known for its festivals and events, such as South by Southwest (SXSW) and Austin City Limits (ACL). These events often tempt individuals to leave the county without proper authorization, risking a violation.

Another significant issue is the requirement to abstain from alcohol and drugs. Austin's lively nightlife and numerous bars can make this condition difficult to adhere to. Failing a drug or alcohol test is a common reason for probation violations in our city. 

At The Law Office of Will Mitchell, we understand the unique challenges faced by Austin residents on probation. Our deep knowledge of the local legal system and our commitment to our clients mean that you can receive high-quality defense. We can help you navigate the complexities of probation violations and work towards a favorable outcome.

Contact Our Austin Probation Violation Attorney Today

In order to be convicted of violating probation, there must be intent to willfully disobey the terms and conditions of the sentence. If there is no intent, then your case will be dismissed. At The Law Office of Will Mitchell, we have more than 18 years of experience defending clients in Austin, Travis County, and throughout Central Texas.

For more information about probation, call our Austin probation violation today at (512) 858-8611. 

Free Initial Consultation

Fill Out this Form to Schedule Today Or Give Us a Call at (512) 858-8611

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to receive text messages from The Law Office of Will Mitchell at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy
  • "I could not be happier."
    Thank you Will!!! I had charges filed on me and didn’t know were to turn. I contacted Will and he immediately set me mind at ease. He took a lot of time explaining each and every step that he would take to help me. Everything he told me from our first phone call was spot on. I would have paid more than his quote had I known he and his office staff were going to be this great. I highly recommend Will and have done so to my friends and family. I could not be happier.
    T.T. on Yelp
  • "Best law firm hands down."
    Best law firm hands down. Super patient. Super professional. I live in Dallas, TX and Mr. Will Mitchell took care of everything for me without having to travel! Highly recommend his services!
    Catie
  • "Thank you for all you did to see me get through this detrimental process."
    Olivia and Will are amazing to work with! They make the process completely the easiest it can be during a time of stress and worry. Will knows the laws and his overall industry well. Will keeps pushing for his desired ruling, and will make sure that he has done everything in his power to make sure you get the best ruling possible. Olivia makes sure you are aware of all the events that are needed during your trial process and makes sure you don’t miss out on any necessary paperwork, dates, classes, etc. — she and Will want to see you come out on the other end as winning as possible. They both care for their clients and I thank them for all they have done to make sure this process has been one of LESS STRESS. Thank you Will and Olivia, you two are an amazing team and force — I highly recommend your services to any full-time working professional, thank you for all you did to see me get through this detrimental process.
    Vonnie
  • "Will Mitchell isn't just a great attorney, he's a great guy."

    Will Mitchell isn't just a great attorney, he's a great guy. He got the case flat-out dismissed. He gave my life back to me. When I had an urgent matter come up, he called me back after-hours on a Sunday. He's just that type of guy. You can trust Will with your life, he's just that type of guy. On top of everything, he didn't break the bank. 10/10 Would recommend to anyone that's in a jam and needs a legal Superman to come to the rescue!

    Matthew B.
  • "He helped me take care of my case and I could not be happier."
    I had charges filed on me and had no idea what I was going to do. I contacted Will Mitchell’s law office and immediately felt better. Will talked to me on the phone and told me what to expect for the next 4 months. Everything he said was on point. He helped me take care of my case and I could not be happier. I highly recommend Will and his team.
    T.H. on Google
  • "If needed, Will will be the first lawyer I contact to help me."
    I reached out to Will after finding his name through a Google search. I was not looking for DWI consultation but for unpaid tickets and a suspended license issue. He was very personable on the phone….he listened to me explain what I needed help on. He didn’t rush the call or make me feel like another dollar in his pocket. I was able to resolve my issues because of the information Will provided. If needed, Will will be the first lawyer I contact to help me with my driving issues because he was so helpful in this case.
    Julie on Google
  • "Will is great."
    Will is great and really helped me during a time of need.
    Nathan A.
  • "Will Mitchell did an amazing job getting my case dismissed!"
    Will Mitchell did an amazing job getting my case dismissed! After failed attempts with several other top attorneys in Austin Will was able to fight for me to get my life back on track. I’m very thankful for his hard work and effort to do what others could not do. If you need an attorney to fight for you and get the job done Will Mitchell is the man. Don’t waste your time with others who will only take your money and not care what happens to you or your future. Thanks, Will.
    Former Client