What Happens if I Am Accused of Violating Probation?

 Posted on April 28, 2025 in Criminal Defense

In most cases, probation is a preferable alternative to a prison sentence. However, probation comes with terms and conditions that, if violated, could have serious consequences. If you are accused of violating the terms of your probation, it is in your best interests to seek out legal representation. A Texas criminal defense lawyer can help to protect your rights in court, providing you with aggressive representation and strong counsel.

At Magaña & Van Dyke, we understand how stressful an accusation of violating probation can be. We know that your freedom is at stake, so we will explore all possible avenues as we work toward a favorable outcome.

What Counts as a Probation Violation?

If you have been released on probation, it is important to understand exactly what is expected of you. You may be prohibited from certain acts, like drinking or using drugs. Additionally, you may be required to check in with your probation officer regularly. Making a mistake just once can result in you being brought before a judge, and pleading ignorance will rarely pass as a valid defense.

At Magaña & Van Dyke, we are dedicated to protecting your rights regardless of any accusations. We will review the details of your case and the exact terms of your probation to understand whether the alleged violation occurred.

What Are My Defenses in a Probation Hearing?

There are many ways to fight an allegation of violating the terms of your probation. Depending on the facts of your case, we argue that:

• The terms of your probation were too vague

• The terms of your probation were unreasonably difficult to follow

• There is not enough evidence to prove that you violated your probation

• You violated the terms of your probation due to unavoidable circumstances

At Magaña & Van Dyke, we will help you build your case before your court hearing. We can also help you negotiate for an optimal outcome, mitigating the damage to your personal and professional life.

Possible Outcomes of a Probation Hearing in Texas

A probation hearing can end in any number of ways. The outcome will depend on whether or not the judge agrees that a violation occurred, and how serious the violation was. A a probation hearing can have one of several outcomes, including:

• Dismissal: Your probation continues as normal and no further action is taken against you.

• Warning: You are let off with a warning. This may apply to minor or accidental violations of probation.

• Modification: The terms of your probation are modified, sometimes with more restrictive conditions.

• Extension: Your probation period is increased for a length of time at the judge’s discretion.

• Revocation: Your probation period ends and you are sent to jail to serve the rest of your sentence. Your probation can be revoked even on a first violation.

At Magaña & Van Dyke, we will do everything we can to help you avoid a revocation of probation, arguing for your rights in court.

Meet With a Denton County, TX Probation Defense Lawyer 

At a probation hearing, your freedom can hinge on a judge’s decision. Our Cooke County, TX criminal defense attorney is here to represent you. Call Magaña & Van Dyke at 940-382-1976 to schedule a free initial consultation today.