Probation Violations

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Probation Violation Defense in Temple, Texas

Attorney Frank Cimino · Serving Temple, Bell County and Central Texas

If you’re on probation (community supervision) or deferred adjudication, a violation can put you back in front of the judge, and possibly in jail. When the State files a motion to revoke or a motion to adjudicate, you need a lawyer right away. Attorney Frank Cimino represents people facing probation violations in Temple and throughout Central Texas.

Common Violations

• Missed meetings with your probation officer
• Failed or missed drug tests
• Unpaid fines, fees, or restitution
• Missed classes or community service hours
• A new arrest or charge
• Leaving the county or state without permission

How Violation Hearings Work

A probation violation hearing is different from a trial. There is no jury, and the judge decides whether a violation happened using a lower standard of proof than “beyond a reasonable doubt.” If the judge finds a violation, the outcome can range from continuing or changing your probation to revoking it and imposing a sentence. On deferred adjudication, the judge may be able to sentence you anywhere within the full range of punishment for the original offense.

This is one part of Frank’s criminal defense practice, which also includes DWI, assault, and other misdemeanor and felony cases.

Probation Violations in Bell, Coryell and McLennan Counties

Frank represents people facing probation violations, which Texas calls violations of community supervision, in Bell, Coryell and McLennan counties. Probation in these counties is supervised by each county’s community supervision department, and violation hearings are held before the judge who placed you on probation, in Belton, Gatesville or Waco. Many clients live in Temple or Killeen but are on probation in another county, and Frank can help coordinate cases across county lines.

What Happens After a Probation Violation Arrest

When a probation officer reports a violation, the prosecutor can file a motion to revoke probation or, if you are on deferred adjudication, a motion to adjudicate guilt. The judge usually issues a warrant, and you may be arrested at home, at work or at your next probation appointment. In some felony cases, the judge may set a high bond or hold you without bond until the hearing.

There is no jury at a violation hearing. The judge decides whether the violation happened, using a lower standard of proof than at trial, and then decides what happens next. That can range from continuing probation with new conditions to revoking it and sentencing you. Preparing evidence that you have been working, paying and trying to comply can make a real difference.

Probation Violation Questions and Answers

What counts as a probation violation?

Common violations include a new arrest, a failed or missed drug test, missed appointments, unpaid fees or restitution, and failing to complete classes or community service. Technical violations are often easier to resolve than new charges.

Can I go to jail for a probation violation?

Yes, it is possible. If probation is revoked, the judge can impose the original sentence. For deferred adjudication, the judge can sentence you anywhere within the full range of punishment for the original offense.

Should I turn myself in if there is a warrant?

Often it is better to turn yourself in with a plan than to be arrested unexpectedly. Frank can help arrange a walk-through or bond and prepare for the hearing.

Can my probation be modified instead of revoked?

Frequently, yes. Judges can add conditions, extend the term or require treatment instead of revoking probation, especially when there is a good explanation and a record of progress.

Can I get off probation early?

In some cases. Texas law allows judges to end probation early after part of the term is complete and conditions are met. Frank can review whether you qualify.

This page provides general information, not legal advice. Contacting the firm does not create an attorney-client relationship.