Probation Revocation – Law – Dallas Criminal Lawyer : Criminal Defense Attorney

We represent cases where the government is trying to revoke probation.

Know your rights when it comes to your revocation hearing.

REVOCATION OF PROBATION

Right to an Attorney:
A defendant has a right to counsel at a hearing on a revocation proceeding unless affirmatively waived. CCP Art. 42.12 §21(d); Lugaro v. State, 904 S.W.2d 842 (Tex.App. — Corpus Christi 1995, no pet.).

Burden of Proof at Revocation:
The burden of proof in a revocation hearing is on the state to prove the allegations in the petition by a preponderance of the evidence. Cobb v. State, 851 S.W.2d 871 (Tex.Cr.App. 1993).The evidence is sufficient when the greater weight of credible evidence before the court creates a reasonable belief that the probation condition was violated. Evans v. State, 728 S.W.2d 452 (Tex.App. — Fort Worth, 1987, no pet.). The state must prove each element of the petition by this standard. Moore v. State, 11 S.W.3d 495 (Tex.App.—Houston [14th Dist.] 2000, no pet.).

Sentencing after Revocation:
Following revocation of the community supervision the judge may sentence the defendant to any term within the term of years probated on a straight community supervision or to any term within the statutory range of punishment for a deferred adjudication community supervision. Art. 42.12 §23(a).A probation officer has no authority to bind the state by his recommendation as to the resolution of a revocation matter; so that the defendant has no right to withdraw his plea of true if the recommendation is not followed by the court. Lanum v. State, 952 S.W.2d 36 (Tex.App. — San Antonio 1997, no pet.).The defendant is not entitled to credit against his sentence for the time he has spent on probation. Art. 42.12 §23(b).

Leave a Reply

Your email address will not be published. Required fields are marked *