A probation violation in Texas can instantly transform your second chance into a one-way ticket to jail or prison. Whether you’re facing technical violations like missed check-ins or substantive violations involving new criminal charges, your freedom, your future, and your family’s stability all hang in the balance.
Because probation violations often involve new or underlying criminal allegations, having guidance from an experienced criminal defense lawyer in Fort Worth can make a significant difference in how your case is handled.
At Law Offices of Richard C. McConathy, our experienced Fort Worth probation violation attorneys understand the complexities of Texas community supervision law.
We’ve successfully defended clients throughout Tarrant County against motions to revoke probation, helping them avoid incarceration and maintain their community supervision status.
What Is a Probation Violation in Texas?
In Texas, probation violations fall into two distinct categories that carry different legal consequences and defense strategies.
Technical violations
represent the majority of probation infractions and occur when someone fails to follow specific supervision rules without committing a new crime. These include missing scheduled meetings with your probation officer, failing drug tests, violating curfew restrictions, or not completing court-ordered community service hours. Recent national data shows that over 110,000 people were admitted to prison in 2023 for technical violations alone.
Substantive violations
involve committing new criminal offenses while on probation. Even a minor misdemeanor like shoplifting can trigger a probation violation hearing, regardless of whether you’re ultimately convicted of the new charge.
Texas defines community supervision broadly, encompassing both traditional probation (following a conviction) and deferred adjudication community supervision (where conviction is deferred pending successful completion). In 2018, nearly 368,000 individuals were on probation in Texas.
Common Probation Conditions in Texas
Standard probation conditions typically include:
- Regular reporting to your assigned probation officer
- Substance abuse restrictions including drug and alcohol testing
- Geographic limitations restricting travel outside Tarrant County
- Employment requirements and notification of job changes
- Community service obligations and program attendance
- Fine and restitution payments according to court-ordered schedules
- No contact orders with victims or co-defendants
Consequences of Violating Probation
The penalties for probation violations can be severe and life-altering, with consequences that extend far beyond the original sentence you were trying to avoid.
Jail Time or Extended Probation
When facing a motion to revoke probation, judges have broad discretion in determining appropriate sanctions. Immediate incarceration represents the most serious consequence, where you could be required to serve the original sentence that was suspended when you received probation. For felony cases, this could mean years in state prison.
Alternatively, the court may choose to extend your probation period and impose additional restrictive conditions such as more frequent reporting, intensive supervision, electronic monitoring, or mandatory enrollment in treatment programs.
Revocation of Deferred Adjudication
For individuals on deferred adjudication, a probation violation carries particularly harsh consequences. Loss of dismissal opportunity means the court can proceed to a finding of guilt, creating a permanent criminal conviction on your record that cannot be sealed or expunged.
Additional Fines and Court Costs
Probation violations often result in substantial financial penalties beyond the original fines and court costs, including additional supervision fees, treatment program costs, drug testing expenses, and attorney fees.
Motion to Revoke Probation (MTR): What Happens Next?
Understanding the legal process following a probation violation allegation is critical for mounting an effective defense. The system moves quickly, and your response time is limited.
Arrest and Bond Conditions
When your probation officer reports a violation to the court, a judge may issue a warrant for your immediate arrest. Unlike regular criminal charges, probation violation warrants often come with no bond or extremely high bond amounts.
At any time during the period of community supervision, the judge may issue a warrant for a violation of any condition of community supervision and cause the defendant to be arrested.
If arrested on a probation violation warrant, you’ll likely be taken to the Tarrant County Corrections Center at 100 N. Lamar Street in downtown Fort Worth. This facility processes approximately 35,000 bookings per year and houses roughly 5,000 inmates across multiple facilities. During booking, you’ll be photographed and enrolled by iris scan as part of the centralized intake system.
Once arrested, you’ll typically remain in custody until your probation violation hearing unless your attorney can negotiate a reasonable bond or argue for release on your own recognizance. Bond hearings for probation violations can be scheduled quickly with experienced legal representation.
Probation Revocation Hearings
All probation violation hearings in Tarrant County take place at the Tim Curry Justice Center, located at 401 W. Belknap Street, Fort Worth, TX 76102. This building houses all 10 felony district courts and 10 misdemeanor county criminal courts on floors 5 through 8.
Probation violation hearings operate under different rules than criminal trials. The burden of proof is significantly lower – the state only needs to prove violations by a “preponderance of the evidence” rather than “beyond a reasonable doubt.” This means the judge need only find it more likely than not that you violated your probation terms.
These hearings typically occur within 20 days of your arrest, though extensions may be granted for good cause. Your attorney will have limited time to investigate the allegations, gather evidence, and prepare your defense.
What to Expect at Your Hearing
Courthouse Security:
Plan to arrive at least 30 minutes early to allow time for parking, security screening, and finding your courtroom. All visitors must pass through metal detectors and X-ray machines at the building entrance. Security staff are generally friendly and efficient, but the process can add significant time to your arrival.
Parking Challenges:
There is no free parking near the Tim Curry Justice Center. Parking meters fill up quickly and have strict two-hour limits. The closest paid parking is the Tarrant County Calhoun Street Parking Garage (corner of Weatherford and Calhoun), charging $2.50 for the first 30 minutes up to a maximum of $10. Several pay lots surround the courthouse, but expect to pay $10-15 for daily parking.
Court Locations: Specific hearing locations depend on your assigned court:
- Felony Cases: District Courts on floors 5-8 (213th, 297th, 371st, 372nd District Courts and Criminal District Courts 1-4)
- Misdemeanor Cases: County Criminal Courts 1-10 on floors 5-8
- Each floor has multiple courtrooms, so verify your specific room number
Check-In Process:
When you arrive outside your assigned courtroom, check in with the bailiff if the courtroom is unlocked. If you arrive early (recommended), the courtroom may be closed, requiring you to wait in the hallway until proceedings begin.
Rights the Defendant Still Has
Despite the lower burden of proof, you retain important legal rights during probation violation proceedings:
- Right to legal representation including appointed counsel if you cannot afford an attorney
- Right to present evidence and call witnesses in your defense
- Right to cross-examine prosecution witnesses and challenge their testimony
- Right to remain silent and avoid self-incrimination
How a Fort Worth Probation Violation Lawyer Can Help
Experienced legal representation can mean the difference between returning home to your family and spending months or years behind bars.
Case Evaluation & Strategy
Our attorneys conduct thorough case analysis to identify weaknesses in the state’s evidence and develop comprehensive defense strategies. We examine the circumstances surrounding the alleged violation, review probation officer reports for inaccuracies, and investigate potential procedural violations that could result in case dismissal.
Representation at Hearings
Skilled courtroom advocacy is essential during probation violation hearings. Our attorneys have extensive experience presenting evidence, cross-examining probation officers and witnesses, and arguing for continued supervision rather than revocation.
Negotiating with Prosecutors
Many probation violation cases can be resolved through strategic negotiations without proceeding to a hearing. Our attorneys work with prosecutors to reach agreements that may involve modified probation conditions, additional community service, treatment programs, or other alternatives to incarceration.
Defending Against New Charges
When probation violations stem from new criminal charges, we provide coordinated defense for both the underlying case and the probation violation. This comprehensive approach ensures consistent legal strategies and may result in plea agreements that resolve both matters favorably.
Common Defenses to Probation Violations
Successful probation violation defense requires identifying specific legal and factual challenges to the state’s case.
Lack of willful intent
represents one of the most effective defenses. If you missed a probation appointment due to hospitalization, family emergency, or other circumstances beyond your control, this may not constitute a violation requiring sanctions. Documentation supporting these claims is crucial.
Inaccurate drug test results
can occur due to laboratory errors, contaminated samples, or interference from prescription medications. Our attorneys work with forensic experts to challenge questionable test results and present alternative explanations for positive screenings.
Errors in reporting or recordkeeping
by probation officers sometimes lead to false violation allegations. We carefully review all documentation and identify discrepancies that may undermine the state’s case.
Proof of compliance or alternative explanations
can demonstrate that alleged violations didn’t actually occur. This might include employment records showing you were at work during alleged curfew violations or medical records explaining missed appointments.
Violation not material or substantial
arguments focus on whether the alleged non-compliance significantly impacts your supervision goals or poses a risk to public safety. Minor technical violations may not warrant revocation, especially for probationers with otherwise strong compliance records.
Why Choose Our Fort Worth Probation Attorneys?
Local knowledge and proven experience set our firm apart in probation violation defense.
Deep Tarrant County Court Experience
Our attorneys have extensive experience in the Tim Curry Justice Center at 401 W. Belknap Street, where all probation violation hearings occur. We know the specific practices and preferences of judges in each of the 10 felony district courts and 10 county criminal courts.
We regularly appear before these Tarrant County judges:
- District Court Judges: Elizabeth Beach, William Knight, Douglas Allen, Andy Porter, Chris Wolfe, Amy Allin, Ryan Hill, Julie Lugo, Vincent Giardino, Ruben Gonzalez, and Steven Jumes
- County Criminal Court Judges: David Cook, Carey Walker, Bob McCoy, Deborah Nekhom, Bradley Clark, Randi Hartin, Eric Starnes, and Charles “Chuck” Vanover
Strategic Courthouse Navigation
Practical advantages of our local knowledge:
- Optimal parking strategies: We know which garages fill first and can advise on reliable parking options
- Security timing: Understanding courthouse security procedures helps us schedule client meetings efficiently
- Court scheduling patterns: Familiarity with individual judges’ docket management helps us prepare realistic timelines
- Prosecutor relationships: Established working relationships facilitate more productive negotiations
Community Supervision Department Connections
Our firm maintains regular contact with the Tarrant County Community Supervision and Corrections Department (CSCD), which operates from multiple locations:
Main CSCD Office: 200 W. Belknap Street (downtown Fort Worth) – Houses felony and misdemeanor units, bond supervision, electronic monitoring, and victim services Secondary Location: 300 W. Belknap Street – Contains Pre-Sentence Investigation, treatment programs, and domestic violence diversion
Understanding CSCD operations allows us to identify procedural violations in how cases are handled, negotiate modified supervision terms that work with available programs, and coordinate with specialized units like mental health, substance abuse, or domestic violence programs.
What To Do If You’re Accused of a Probation Violation
Taking immediate action when facing probation violation allegations can significantly impact the outcome of your case.
Do Not Speak to Your Probation Officer Without a Lawyer
Avoid self-incrimination by refusing to discuss the alleged violation with your probation officer until you have legal representation. Anything you say can be used against you in court, and probation officers are required to report violations to the court regardless of your explanations.
Collect All Documentation
Gather evidence that supports your compliance with probation terms or explains the circumstances leading to the alleged violation. This includes employment records, medical documentation, receipts, witness contact information, and any communications with your probation officer.
Avoid Additional Legal Trouble
Stay out of trouble while your violation case is pending. Any new arrests or law enforcement contacts will severely damage your chances of avoiding revocation and may result in additional charges.
Navigating Tarrant County Court Procedures
Understanding the practical aspects of appearing in Tarrant County criminal courts can reduce stress and improve your case outcome.
Getting to Your Hearing
Courthouse Address: Tim Curry Justice Center, 401 W. Belknap Street, Fort Worth, TX 76102
Nearby Landmarks:
- Located in downtown Fort Worth’s government district
- Two blocks north of the historic 1895 Tarrant County Courthouse (100 W. Weatherford)
- Adjacent to the Tarrant County Family Law Center (200 E. Weatherford)
- Walking distance from Sundance Square and downtown Fort Worth attractions
Public Transportation: Fort Worth’s Trinity Metro bus system serves downtown with stops near the courthouse. The TRE (Trinity Railway Express) Fort Worth Central Station is approximately 0.7 miles south of the courthouse.
Parking Strategy for Court Appearances
Primary Recommendation: Tarrant County Calhoun Street Parking Garage
- Location: Corner of Weatherford and Calhoun (Calhoun is one-way, north to south)
- Rates: $2.50 for first 30 minutes, maximum $10 daily
- Payment: Accepts all major credit/debit cards
- Walking Distance: Directly across from Family Law Center side entrance, two-block walk to Tim Curry Justice Center
Alternative Parking Options:
- Street meters: Surrounding courthouse area, but limited to 2-hour maximum and strictly enforced
- Private pay lots: Several available within 3-4 blocks, typically $10-15 daily
- Free option for indigent clients: La Grave Field (301 N.E. 6th Street) offers free parking with shuttle service to courthouse (primarily for jury service, but sometimes available for other court appearances)
Essential Parking Advice: Arrive 45 minutes early for hearings to account for parking challenges, security screening, and elevator delays. The courthouse elevators can be slow during peak hours (8:30-9:30 AM and 1:30-2:30 PM).
Security Procedures
What to Expect at Courthouse Security:
- Metal detector screening for all visitors
- X-ray scanning of bags, briefcases, and personal items
- ID verification required for entry
- Prohibited items: Weapons, large electronics, food, drinks (water bottles allowed if sealed)
- Professional demeanor: Security staff are generally courteous but maintain strict protocols
Time allowance: Plan 15-20 minutes for security processing during busy periods. Court staff recommend arriving when security opens at 7:30 AM for 8:30 AM hearings to avoid crowds.
Court Appearance Etiquette
Dress Code: Business casual or formal attire strongly recommended. Avoid shorts, tank tops, flip-flops, or clothing with offensive language/images.
Courtroom Behavior:
- Check in with the bailiff upon arrival
- Turn off cell phones completely (not just silent mode)
- Remain seated until your case is called
- Stand when addressing the judge unless instructed otherwise
- Address the judge as “Your Honor”
Case Calling: Most judges call their dockets alphabetically or by case number. Probation violation hearings often occur early in the docket since defendants may be in custody.
Contact a Defense Attorney Immediately
Time is critical in probation violation cases. Contact our office immediately at (972) 528-0478 to begin building your defense and protect your rights throughout the legal process.
Our office location: While we serve all of Tarrant County, our primary office handles consultations and case preparation. We’re familiar with every entrance, parking option, and courtroom layout at the Tim Curry Justice Center, ensuring efficient representation.
Emergency consultation availability: We understand that probation violations often result in immediate custody, requiring urgent legal action. Our attorneys can often arrange jail consultations within 24 hours and begin working on bond hearings immediately.
Case preparation advantages: Early retention allows us to:
- Contact your probation officer before additional violations are reported
- Gather documentation supporting compliance or explaining violations
- Review CSCD records for procedural errors or mitigating factors
- Negotiate with prosecutors before formal hearings are scheduled
CSCD Reporting Requirements & Local Resources 📋
Understanding how Tarrant County Community Supervision and Corrections Department (CSCD) operates can help prevent future violations and improve your case outcome.
CSCD Office Locations
Main Downtown Offices:
- 200 W. Belknap Street (Felony/Misdemeanor Units, Bond Supervision, Electronic Monitoring, Transfer-In Unit, Victims Services, Community Service Restitution)
- 300 W. Belknap Street (Pre-Sentence Investigation, TAIP, FAIP, Domestic Violence Programs, female drug testing lab on 4th floor)
Drug Testing Facilities:
- Males: 200 W. Belknap Street (basement) – Monday-Friday 7:30 AM – 5:00 PM
- Females: 300 W. Belknap Street (4th floor) – Monday-Friday 8:00 AM – 5:00 PM
- Miller Complex: 3210 Miller Avenue – Monday-Friday, Males 7:00 AM – 5:30 PM, Females 8:00 AM – 5:30 PM
Satellite Locations throughout Tarrant County:
- Miller Complex (3210 Miller Avenue) – Field Service Units including Poly, South Central, Eastside, and South Units, plus specialized programs for Sex Offenders, Mental Health, High Risk, and Substance Abuse Aftercare
- Northeast region – Serves Arlington, Grand Prairie, and eastern Tarrant County
- Southeast region – Serves Mansfield, Cedar Hill, and southern communities
- Northwest region – Serves Keller, Southlake, and northern areas
Operating Hours: Monday-Friday, 7:30 AM – 6:00 PM (main offices); satellite locations may have varied hours.
Specialized Programs Available
Understanding available CSCD programs helps attorneys argue for alternatives to incarceration:
- Domestic Violence Intervention Program: Alternative to revocation for DV-related violations
- Substance Abuse Programs: Including aftercare support for treatment completion
- Mental Health Diversion: Specialized supervision for individuals with diagnosed conditions
- High Risk/Youthful Offender Program: Intensive supervision as alternative to prison
- Treatment Alternative to Incarceration Program (TAIP): Court-ordered treatment instead of jail
- Community Service Restitution (CSR): Allows community service to satisfy financial obligations
Common CSCD Forms and Procedures
Travel Permits: Required for leaving Tarrant County, including surrounding areas. Applications available online through CSCD website or at office locations.
Address Changes: Must be reported within 48 hours. Failure to update address information is a common technical violation.
Employment Reporting: New jobs must be reported within 72 hours. CSCD Employment Services Program can assist with job placement.
Payment Plans: Monthly supervision fees, fines, and restitution can often be modified through formal request processes. Financial hardship doesn’t automatically excuse payment obligations but may result in modified terms rather than revocation.
Tarrant County Community Supervision Resources
Tarrant County CSCD offers a variety of programs and services to help rehabilitate offenders, including specialized programs for domestic violence, substance abuse, mental health issues, and high-risk offenders. Understanding these available resources allows our attorneys to advocate for alternative sanctions that address underlying issues while avoiding incarceration.
The Tarrant County CSCD operates six satellite locations throughout Tarrant County and one central office located in downtown Fort Worth, with offices at 200 W. Belknap housing felony and misdemeanor units, and 300 W. Belknap containing specialized programs like TAIP and domestic violence diversion.
Understanding the Legal Burden
What is probation revocation involves understanding that probation violation hearings operate under a significantly lower burden of proof than criminal trials. While criminal convictions require proof “beyond a reasonable doubt,” probation violations need only be proven by a “preponderance of the evidence” – meaning more likely than not.
This reduced standard means that evidence which might not support a criminal conviction could still result in probation revocation. However, skilled defense attorneys can still challenge evidence, present alternative explanations, and argue for continued supervision rather than incarceration.
Contact a Fort Worth Probation Violation Lawyer Today
Don’t let a probation violation destroy your second chance. The consequences of probation revocation extend beyond immediate incarceration – they affect your employment, housing, family relationships, and future opportunities for years to come.
The clock is ticking on your freedom. Every day you wait to secure legal representation is another day closer to potential revocation. Our office provides emergency consultations for probation violation cases because your liberty cannot wait.
Contact Law Offices of Richard C. McConathy today:
📞 Phone: (972) 528-0478 – Available 24/7 for urgent matters
🌐 Contact Form: Submit a confidential case review
📧 Email: Urgent legal consultation
Serving Fort Worth, Arlington, Irving, Grand Prairie, and all of Tarrant County with dedicated probation violation defense. Your freedom is our priority.
Frequently Asked Questions (FAQs)
What happens when you violate probation in Texas?
When you violate probation in Texas, your probation officer reports the violation to the court, which may issue a warrant for your arrest. You’ll face a probation violation hearing where a judge determines whether you violated your terms and what consequences you’ll face. Possible outcomes include warnings, modified probation conditions, extended probation periods, or revocation resulting in imprisonment for the original sentence.
Can you go to jail for a technical probation violation?
Yes, you can be incarcerated for technical probation violations in Texas. While these violations don’t involve new crimes, courts treat them seriously because they represent non-compliance with court orders. In 2023, over 110,000 people were admitted to prison for technical violations, demonstrating that judges frequently impose jail or prison time for these infractions.
How long do probation revocation hearings take?
Probation revocation hearings in Texas typically occur within 20 days of your arrest on a violation warrant. The hearings themselves usually last between 30 minutes to several hours, depending on the complexity of the case and whether witnesses testify. Simple cases with admitted violations may be resolved quickly, while contested hearings involving multiple witnesses can take a full day.
Can probation be reinstated after a violation?
Yes, Texas judges have discretion to reinstate probation after a violation rather than revoking it entirely. The court may choose to continue your supervision with the same conditions, modify the terms to include additional requirements, or extend the probation period. Reinstatement is more likely when violations are minor, you demonstrate remorse and compliance efforts, or you have strong community ties.
Will I get a bond after a probation violation arrest?
Bond availability for probation violations varies significantly in Tarrant County courts. Many probation violation warrants are issued without bond, meaning you must remain in custody at the Tarrant County Corrections Center (100 N. Lamar Street) until your hearing. However, your attorney may be able to request a bond hearing and argue for reasonable bail based on your ties to the community, compliance history, and the nature of the violation.
Bond hearing logistics in Tarrant County:
- Timing: Bond hearings can sometimes be scheduled within 24-48 hours with proper legal representation
- Location: Bond hearings occur in the same courtroom at the Tim Curry Justice Center (401 W. Belknap) where your violation will be heard
- Amounts: When bond is granted, amounts typically range from $2,500-$25,000 depending on violation severity and criminal history
Having experienced legal representation significantly improves your chances of obtaining release pending your hearing. Our firm maintains working relationships with local bail bond companies familiar with Tarrant County procedures, which can expedite the release process when bond is granted.