Dallas Probation Revocation Lawyer

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).