A probation violation in Plano can turn your second chance into a nightmare. Whether you missed a meeting with your probation officer, failed a drug test, or were arrested for a new offense, the consequences can be severe. Texas courts take probation violations seriously, and without experienced legal representation, you could face jail time, heavy fines, or complete revocation of your probation.
At the Law Offices of Richard C. McConathy, we understand that people make mistakes. Our experienced probation violation attorneys have successfully defended clients throughout Collin County, helping them avoid revocation and maintain their freedom.
In some cases, probation violations arise from new charges, if that’s the case, our criminal defense lawyer in Plano can assist with your defense while we work to protect your probation status.
Don’t face this challenge alone – contact us immediately at (972) 528-0478 to protect your future.
Understanding Probation Violations in Texas
What Is a Probation Violation?
A probation violation occurs when you fail to comply with court-ordered terms and conditions. Texas law recognizes two types:
Technical Violations: Breaking probation rules without committing new crimes:
- Missing appointments with your probation officer
- Failing to complete community service hours
- Testing positive for drugs or alcohol
- Leaving the county without permission
- Not paying required fines or restitution
Substantive Violations: Committing new criminal offenses while on probation. Even minor charges can trigger revocation proceedings.
| Violation Type | Common Examples | Typical Consequences |
|---|---|---|
| Technical | Missed meetings, positive drug tests, curfew violations | Warning, modified terms, or short jail stint |
| Substantive | New arrests, new charges filed | Likely revocation, serving original sentence |
Deferred Adjudication vs. Regular Probation
Understanding the difference between these probation types is vital for your defense strategy:
Regular Probation: You’ve been convicted and sentenced to probation instead of jail time. Violations can result in the original sentence or additional penalties.
Deferred Adjudication: You plead guilty, but the court defers finding you guilty. Successful completion can result in case dismissal. However, violations can result in conviction and the full range of punishment.
Common Reasons for Probation Revocation in Plano
- Missed court appearances – Even unintentional absences trigger violations
- Unauthorized travel – Leaving Collin County without permission
- Financial non-compliance – Failing to pay supervision fees, fines, or restitution
- Failed drug or alcohol tests – Testing conducted at Collin County CSCD or approved locations
- Communication failures – Missing scheduled appointments with probation officers
- Residence violations – Moving without approval or associating with prohibited individuals
Local Testing Procedures: Collin County probation requires random UA (urinalysis) testing with 24-hour notice via the CSCD hotline. Missed tests count as positive results. ETG alcohol testing can detect consumption days prior to testing.
Legal Process After a Probation Violation
The Motion to Revoke or Adjudicate
When violations occur, probation officers file a Motion to Revoke Probation (for regular probation) or Motion to Adjudicate Guilt (for deferred adjudication). This formally requests the court to:
- Find you in violation of probation
- Revoke your probation status
- Impose the original sentence or additional penalties
A warrant is typically issued, and you’ll remain in custody until your hearing unless bond is granted.
Probation Revocation Hearings in Collin County
Probation violation hearings operate differently than criminal trials. Most hearings take place at the Collin County Courthouse located at 2100 Bloomdale Rd, McKinney, TX 75071. Some misdemeanor probation cases may be handled at the Plano Municipal Court at 900 East 15th Street, Plano, TX 75074.
Key Differences:
- Lower burden of proof (preponderance of evidence vs. beyond reasonable doubt)
- No right to jury trial
- Hearsay evidence is generally admissible
- Judge has broad discretion in determining violations and penalties
What to Expect at Your Hearing:
🏛️ Courthouse Arrival: Arrive 30 minutes early. Limited free parking available, with paid options across Bloomdale Road.
Check-in Process: Report to your assigned courtroom with photo ID and case documentation.
Hearing Schedule: Most probation hearings are scheduled for 9:00 AM or 1:30 PM. Dockets can run long.
Security: All visitors pass through metal detectors. Prohibited items include cell phones (storage lockers available for $1).
Without skilled legal representation, you’re at a significant disadvantage. For detailed information, visit our guide on what is probation revocation.
Penalties if Probation is Revoked
Court findings of probation violations can result in:
Imprisonment: Serving original sentence or additional time
Increased fines: Additional financial penalties
Stricter supervision: More frequent reporting, electronic monitoring, or intensive supervision
Mandatory treatment: Court-ordered counseling, drug treatment, or community service
Permanent conviction: Especially damaging in deferred adjudication cases
How a Plano Probation Violation Attorney Can Help
Experienced legal representation significantly improves your chances of avoiding revocation through:
Investigation: Reviewing probation reports, interviewing witnesses, examining testing procedures, and analyzing violation circumstances
Hearing Preparation: Gathering mitigating evidence, employment records, treatment certificates, and calling character witnesses from employers, family, or community leaders
Alternative Negotiations: Securing probation reinstatement with warnings, modified terms addressing specific violations, treatment programs, or extended supervision periods
Leniency Arguments: Emphasizing first-time violations, technical rather than substantive violations, positive compliance in other areas, and demonstrated commitment to future compliance
Facing revocation proceedings? Our Plano defense attorneys understand Collin County courts and will fight to protect your future. Call (972) 528-0478 today.
Why Choose Us for Your Defense
Local Collin County Experience
The Law Offices of Richard C. McConathy brings over 35 years of experience to Plano probation violation cases with:
- Understanding of individual judge preferences across all Collin County courts
- Established relationships with Collin County CSCD (Community Supervision and Corrections Department) located at 2100 Bloomdale Rd, Suite 12262, McKinney
- Experience with Plano Municipal Court at 900 East 15th Street and Collin County District Courts in McKinney
Our Local Advantages:
Court-Specific Knowledge: Understanding which judges in the 199th, 219th, 296th, 366th, 380th, 401st, and 416th District Courts favor treatment alternatives versus incarceration
Probation Office Familiarity: Knowledge of CSCD office policies, personnel, and procedures
Practical Guidance: Courthouse parking, security procedures, and courtroom locations to reduce stress
Local Legal Culture: Collin County courts value punctuality, professional appearance, and demonstrated accountability
Personalized Defense Strategy
Every case receives individualized attention based on specific violation allegations, probation history, personal circumstances, available mitigating factors, and realistic goals.
Proven Track Record
Our track record includes numerous successful outcomes in probation violation cases throughout Collin County.
Comprehensive Probation Defense
- First-time violations: Leveraging clean records for leniency
- Repeat violations: Finding alternative solutions
- Deferred adjudication cases: Protecting dismissal eligibility
- Felony probation violations: High-stakes defense
- Juvenile probation violations: Specialized approach for young clients
Understanding Probation Violation Scenarios
Hypothetical scenario 1: A person on probation for shoplifting loses their job and can’t afford supervision fees. They stop reporting to avoid embarrassment about their financial situation. This technical violation could potentially be resolved through payment plan negotiation and honest communication with the court.
Hypothetical scenario 2: Someone on deferred adjudication for DWI is arrested for public intoxication at a football game. Even though it’s a minor charge, this substantive violation threatens their deferred status and could result in a DWI conviction plus additional penalties.
Hypothetical scenario 3: A probationer tests positive for marijuana but has a valid medical prescription from another state. Without proper legal representation, this could appear as a clear violation. With experienced counsel, the circumstances can be explained and potentially resolved without revocation.
Local Resources and Requirements
Collin County Probation Resources:
Main CSCD Office: 2100 Bloomdale Rd, Suite 12262, McKinney, TX 75071 (same building as the courthouse)
Testing Hotline: Available 24/7 for random UA requirements
Approved Treatment Centers: Including facilities on West Parker Road and in Plano
Online Reporting: Available through CSCD website for certain administrative requirements
Important Forms and Procedures:
- Motion for Early Termination: Filed in the originating court
- Travel Request Forms: Required 72 hours in advance for out-of-county travel
- Address Change Notifications: Must be submitted within 48 hours of moving
- Employment Verification: Required monthly through your probation officer
Related Criminal Defense Services in Plano
Our Plano criminal defense lawyer services include:
Drug Crimes: Possession, distribution, and manufacturing charges often resulting in probation sentences
Domestic Violence: Cases frequently resolved through deferred adjudication requiring ongoing compliance
Theft and Burglary: Property crimes commonly resulting in probation with restitution requirements
Assault Charges: Violent crime allegations that may involve anger management or counseling conditions
Contact a Plano Probation Violation Lawyer Today
⚠️ Time is critical in probation violation cases. Every day you wait makes your situation more difficult and your options more limited. The sooner you contact our legal team, the better we can protect your freedom and future.
Our Plano probation violation attorneys have successfully defended hundreds of clients facing revocation proceedings. We understand the local courts, know the law, and will fight tirelessly to achieve the best possible outcome.
Contact the Law Offices of Richard C. McConathy immediately:
📞 Call: (972) 528-0478
💬 Text: Available 24/7 for urgent matters
🌐 Online: Contact our legal team for immediate consultation
📧 Email: Quick response to your probation violation questions
We serve clients throughout Collin County, including Plano, McKinney, Frisco, Allen, and surrounding communities. With over three decades of criminal defense experience and a proven track record of success, we’re ready to defend your case.
Schedule your confidential consultation today – your freedom depends on it.
Frequently Asked Questions
What happens if I violate probation in Texas?
When you violate probation in Texas, your probation officer files a motion with the court requesting revocation or adjudication. You’ll typically be arrested and held pending a hearing where the judge determines whether violations occurred and what penalties to impose. Consequences range from warnings to complete revocation and imprisonment.
Can I go to jail for a technical violation?
Yes, technical violations can result in jail time, though it’s less likely than with substantive violations. Judges have broad discretion in probation violation cases and can impose any sentence within the original range, including incarceration for missed meetings or failed drug tests.
What’s the difference between probation and deferred adjudication?
Probation follows a conviction and sentencing, while deferred adjudication postpones a finding of guilt. With successful completion of deferred adjudication, charges can be dismissed. However, violations in deferred cases can result in conviction and the full range of punishment, making them particularly serious.
Can a lawyer stop my probation from being revoked?
While no attorney can guarantee specific outcomes, experienced legal representation significantly improves your chances of avoiding revocation. We can present mitigating evidence, challenge unreliable testimony, negotiate alternative solutions, and ensure your rights are protected throughout the process.
How long does a revocation hearing take in Plano?
Probation violation hearings in Collin County typically last 30 minutes to several hours, depending on case complexity. Simple technical violations with admission might resolve quickly, while contested substantive violations requiring witness testimony can take longer. Preparation time is often more important than hearing duration.