The short answer is hire a lawyer as soon as possible. If the Dallas County probation department believes that a probationer has violated the terms and conditions of probation, the probation officer will file a motion to revoke. The motion to revoke is signed (rubber stamped) by the DA and the Judge. Once the motion has been filed and signed, an arrest warrant will be issued. Sometimes, your attorney can resolve the issue(s) with probation BEFORE a warrant is issued, thereby negating the need for bail. If not, then the probationer should make arraignments for bail. Bail on a revocation is generally twice the amount of the original bail. Thus, if your bail was originally $2,000.00 it would be $4,000.00 on a revocation.
Generally, there are two categories of revocations: 1) technicals, 2) a new offense. Technical violations can generally be worked out, while new cases almost always require additional supervision by probation (unless you are acquitted of the new offense.) Additional supervision is generally accomplished in two ways 1) extending the length of probation, 2) and adding additional terms & conditions.
In the context of a revocation, what is the State's burden of proof? Most people assume that the burden of poof is beyond a reasonable doubt. This assumption if WRONG? On a revocation, the State is only required to prove a violation by a preponderance of evidence. Most cases can generally be worked out. The advantage of working out a case is that the probationer knows exactly what the outcome will be. If a case cannot be worked out, then the next step is a hearing. If the State can meet their burden then the Judge will decide the appropriate punishment. The punishment can range from be reinstated to the maximum sentence that the individual was originally sentenced to.
Probation revocations are very serious matters. You should consult with an experienced attorney before going to Court.
The Law Office of G. Thayer Williamson