If an individual is ultimately convicted of a charge of DWI, punishment usually includes some form of a restrictive and monitored release referred to as "probation" or "community supervision." In theory, if an individual complied with all necessary terms of probation, and does not get charged and/or convicted for any new criminal offenses during the term of community supervision, no further punishment beyond what was required when sentenced will ever be imposed.
However, some convictions require very lengthy probationary periods that some find difficult to complete. Often, probation is set up for individuals to fail. People often have their probation revoked simply for not paying their requires probationary fees. If a "Motion to Revoke" is filed, and specific allegations are alleged detailing which terms the individual failed to comply with, the consequences can become incredibly more severe. The case is basically re-opened, and usually a warrant will be issued for the arrest of the individual. The individual would then have to come back to court to address the alleged probation violations.
The terms of probation typically include a set of requirements that one must fulfill within a specific time period. Probation conditions are imposed under Section 42.12 of the Texas Code of Criminal Procedure. These obligations include, but are not limited to, the following:
- Attending mandatory court-ordered classes;
- Attending mandatory alcohol education programs;
- Payments of all fines and court costs;
- Performing community service hours;
- Monthly meetings with a probation officer;
- No drug test (UA) failures;
- No new criminal offenses charged.
When probation is deemed to have been violated due to one of the factors listed above, the probation would then be considered revoked. Failure to complete these tasks within the given timeframe could be (and probably would) be considered a violation of probation. If the individual is determined to have violated a condition of probation, considerable jail time could result. The punishment for this is usually jail time and/or an extended probationary period in the length of time. If you or a loved one is facing a situation where their DWI probation may be revoked, or a motion to revoke has already been filed, it is imperative to have an aggressive Attorney with the experience on your side. If a situation occurs and you find that there is a warrant for your arrest that exists, or you are arrested pursuant to a "Motion to Revoke", be sure to contact a Texas DWI Probation Violation Defense Attorney as soon as possible.
The Law Offices of Carl David Ceder, PLLC has handled countless probation violation cases in the past, and can assist you in your DWI probation revocation case. Do not hesitate to contact Carl at 214.702.CARL(2275) or at 469.2000.DWI(394) if you find out you have an outstanding warrant, as we can help ease this process by helping you lift the warrant so you do not spend an inordinate amount of time in jail can take care of it for you before it is too late and you have been arrested for probation violation. Do not hesitate if you are facing a possible probation violation, contact The Law Offices of Carl David Ceder now.