Probation Violation Lawyer Arlington TX | McConathy Law

What Is a Probation Violation in Texas?

A probation violation occurs when you fail to comply with any condition set by the court as part of your probation agreement. In Texas, probation comes in two primary forms: regular probation (also called community supervision) and deferred adjudication.

Under regular probation, you’ve been found guilty but are serving your sentence in the community rather than behind bars. With deferred adjudication, the court defers finding you guilty while you complete probation terms—successfully completing deferred adjudication can result in case dismissal.

Texas Probation Statistics According to the Texas Department of Criminal Justice, approximately 420,000 adults are on community supervision statewide, making Texas one of the largest probation systems in the nation.

Probation violations fall into two categories:

Technical violations involve breaking administrative rules like missing appointments or failing drug tests, while substantive violations involve committing new criminal offenses while on probation.

Consequences of Violating Probation in Arlington

When you’re accused of violating probation in Arlington, the stakes are incredibly high. The consequences can dramatically impact every aspect of your life.

Jail or Prison Time

The most immediate threat is incarceration. If your probation is revoked, the judge can impose the original sentence that was suspended. For a felony conviction, this could mean years in state prison. Even for misdemeanor cases, you could face up to a year in county jail.

Revocation of Probation

Complete probation revocation means you lose the privilege of serving your sentence in the community. The court terminates your probation and requires you to serve the remainder of your original sentence behind bars.

Extension or Stricter Terms

Even if your probation isn’t revoked, the court may extend your probation period or add additional conditions such as:

• More frequent reporting requirements
• Community service hours
• Mandatory counseling programs
• Electronic monitoring
• Higher fines or fees

Impact on Employment & Record

A probation violation can create permanent consequences for your professional life. Many employers conduct background checks, and a violation on your record can limit job opportunities, professional licensing, and housing options.

Common Types of Probation Violations We Handle

Our Arlington probation violation lawyers have extensive experience defending clients against all types of alleged violations.

Missed Meetings with Probation Officer

⚠️ This is the most common technical violation we see. Work schedules, transportation issues, or misunderstandings about appointment times can lead to missed meetings. We help demonstrate legitimate reasons and negotiate with probation officers to avoid formal violations.

Failed Drug Tests

Drug testing violations can occur even when you’re not using illegal substances. Prescription medications, over-the-counter drugs, and even certain foods can trigger false positives. We work with toxicology experts to challenge questionable test results.

Arrests for New Offenses

Being arrested for a new crime while on probation creates a dual legal challenge. You’re facing both the new charges and potential probation revocation. Our team coordinates defense strategies for both cases to achieve the best possible outcome.

Leaving the County or State Without Permission

Travel restrictions are common probation conditions in Tarrant County. Emergency situations, work requirements, or family obligations sometimes necessitate unexpected travel. We help document legitimate reasons for travel violations and advocate for understanding from the court.

Federal Probation Office (for federal cases):

• Arlington Divisional Office: 2501 Avenue J, Suite 111 (Corporate East Building)
• Phone: (817) 649-2577

State Probation (Tarrant County Community Supervision):

• Central Office: 200 W. Belknap St., Fort Worth (main building)
• Additional Services: 300 W. Belknap St., Fort Worth (PSI, TAIP, FAIP)
• Hours: Monday-Friday, 7:00 AM – 6:00 PM

Note: Always confirm your specific reporting location, as assignments can change based on your address or case type.

Failure to Pay Fines or Restitution

Financial hardship shouldn’t result in jail time. When clients face genuine inability to pay court-ordered fines or restitution, we petition the court for payment plan modifications or community service alternatives.

Probation Revocation Hearings in Tarrant County

When you’re accused of violating probation, the prosecutor files a Motion to Revoke Probation (MTR) with the court. This triggers a formal hearing process that differs significantly from a regular criminal trial.

📍 Where Your Hearing Will Take Place:

For Arlington cases, probation violation hearings typically occur at:

Arlington Municipal Court

• Address: 211 S. Cooper St., Bldg. A, Arlington, TX 76010
• Phone: (817) 459-6777
• Located near AT&T Stadium and Six Flags Over Texas
• Limited street parking; paid parking available at nearby lots
• Court hours: Monday-Friday, 7:30 AM – 5:00 PM

Tarrant County Courts (for felony cases)

• Tim Curry Criminal Justice Center: 401 W. Belknap St., Fort Worth, TX 76102
• No free parking; paid parking meters and lots available nearby
• Security screening required; arrive 30 minutes early
• Located near the Fort Worth Convention Center

What to Expect at Your Hearing:

The burden of proof in revocation hearings is significantly lower than in criminal trials. While criminal convictions require proof “beyond a reasonable doubt,” probation violations need only be proven by a “preponderance of evidence”—essentially, more likely than not.

Your rights at a revocation hearing include:

• Right to legal representation
• Right to present evidence and witnesses
• Right to cross-examine witnesses against you
• Right to testify on your own behalf

However, you do not have the right to a jury trial in probation revocation proceedings. The judge alone determines whether you violated probation and what consequences to impose.

Practical Court Day Tips:

• Dress professionally (business attire required)
• Bring photo ID and any relevant documentation
• Turn off cell phones before entering the courtroom
• Address the judge as “Your Honor”

How Our Arlington Probation Violation Lawyers Can Help

When your freedom is on the line, you need experienced advocates who understand both the law and local court procedures. Here’s how we protect our clients:

• Investigate alleged violations thoroughly, reviewing documentation and interviewing witnesses
• Negotiate with prosecutors to resolve violations without formal hearings when possible
• Represent you at revocation hearings with aggressive advocacy and compelling evidence
• Advocate for reinstatement instead of jail time by presenting mitigating factors
• Leverage local court familiarity gained through decades of practice in Arlington and Tarrant County

Why Choose McConathy Law in Arlington?

Three generations of criminal defense excellence have established our reputation as Arlington’s trusted probation violation defense team.

Our track record includes:

• 38+ years of combined criminal defense experience
• Hundreds of successful outcomes in probation violation cases
• Deep knowledge of Arlington Municipal Court and Tarrant County procedures
• Familiar with local judges, prosecutors, and probation staff
• Established relationships with Tarrant County Community Supervision officers
• Regular practice in Arlington Municipal Court and Tim Curry Criminal Justice Center

Richard C. McConathy has been Board Certified in Criminal Law, demonstrating the highest level of expertise recognized by the Texas Board of Legal Specialization.

What to Do If You’ve Been Accused of a Probation Violation

Time is critical when facing probation violation allegations. Follow these essential steps to protect your rights:

1. Do not speak to your probation officer or law enforcement without legal advice. Anything you say can be used against you in revocation proceedings.
2. Avoid missing any court dates. Failure to appear for hearings will only worsen your situation and could result in additional charges.
3. Contact a probation violation lawyer immediately. Early intervention can often prevent formal violation proceedings.
4. Collect documentation that supports your case, including:
   
   • Prescription bottles for any medications
   • Proof of payment for fines or restitution
   • Work schedules or medical records explaining missed appointments
   • Character references from employers or community members

Important Forms You May Need:

• Tarrant County Probation Modification Request (if seeking changes to terms)
• Travel Permit Application (for future authorized travel)
• Financial Hardship Affidavit (if unable to pay fees)

These forms are available at the Tarrant County Community Supervision office at 200 W. Belknap St., Fort Worth, or through your probation officer.

📞 Don’t delay—contact us immediately at (972) 528-0478.

Contact Our Arlington Probation Violation Attorney Today

Your freedom cannot wait. Probation violation proceedings move quickly, and you have limited time to mount an effective defense. The sooner you contact our team, the more options we may have to protect your rights.

The Law Offices of Richard C. McConathy offers:

• Free initial consultations to evaluate your case
• 24/7 availability for urgent legal matters
• Flexible payment plans to make quality legal representation accessible

📞 Call now: (972) 528-0478 📧 Contact us online for immediate response

📍 Serving Arlington, Grand Prairie, Fort Worth, and all of Tarrant County

Our Arlington Office Location: Conveniently located near Arlington Municipal Court and major transportation routes including I-20 and Highway 360. Easily accessible from Arlington, Grand Prairie, Mansfield, and surrounding communities.

Remember: You have limited time to defend against a probation revocation—don’t wait.

FAQs About Probation Violations in Texas

Can I go to jail for a probation violation in Texas?

Yes, probation violations can result in jail or prison time. If your probation is revoked, the judge can impose the original sentence that was suspended when probation was granted. This could range from days in county jail to years in state prison.

What is a technical probation violation?

A technical violation involves breaking administrative rules of probation without committing a new crime. Common examples include missing appointments with your probation officer, failing drug tests, not completing community service, or failing to pay fines. These violations can still result in serious consequences including jail time.

Do I get a hearing before my probation is revoked?

Yes, you have the right to a revocation hearing before a judge. However, this is not a jury trial, and the burden of proof is lower than in criminal cases. You have the right to be represented by an attorney, present evidence, and cross-examine witnesses.

Will I have a criminal record if my probation is revoked?

If you were on regular probation, you already have a conviction on your record. Revocation means you’ll serve the sentence rather than complete probation. If you were on deferred adjudication, revocation typically results in a final conviction being entered on your record.

How can a lawyer help with a probation violation?

An experienced probation violation attorney can investigate the allegations, negotiate with prosecutors to avoid formal hearings, represent you at revocation proceedings, present mitigating evidence, and advocate for alternatives to incarceration. Early legal intervention often leads to better outcomes than trying to handle the situation alone.