HOUSTON PROBATION VIOLATIONS ATTORNEY
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Houston Criminal Defense Attorney
Affordable Houston Criminal Defense
by an Experienced Trial Lawyer
713-623-4828
Attorney Representation in Houston, Texas Since 1989
PROBATION VIOLATIONS LAWYER
Probation is now known as community supervision. Community supervision is an alternative to the imposition of a prison or jail sentence. It places the defendant under the supervision of the court in a continuum of programs, sanctions, and conditions imposed by the court and administered by the community supervision department.
There are two (2) types of community supervision.
1. DEFERRED ADJUDICATION
The defendant after pleading guilty to the charge the court defers sentencing without an adjudication of guilt.
A judge who determines it is in the best interest of society may defer further proceeding without sentencing and place the defendant on community supervision after the defendant pleads guilty to the offense charged.
A judge may also place a defendant on community supervision (deferred adjudication) if the judge makes a finding in open court that placing the defendant on community supervision is in the best interest of the victim (regardless of the age of the victim). The judge may place on community supervision, a defendant charged with Indecency with a Child (contact), Sexual Assault and Aggravated Sexual Assault.
The minimum period of community supervision for the sex crimes described above is five years, and the maximum length is ten years.
2. STRAIGHT PROBATION
After pleading to the court or if sentenced by a jury to either imprisonment or confinement, the judge or jury may probate or suspend the imposition of the sentence.
JUDGE ORDERED COMMUNITY SERVICE
If in the best interest of justice, the public and the defendant after a conviction or plea of guilty, the court may suspend the imposition of the sentence and place the defendant on Community Supervision.
There are certain offenses that the judge can not place a defendant on straight probation:
Murder; Capital Murder; Indecency with a Child; Aggravated Kidnapping; Aggravated Sexual Assault; Aggravated Robbery; Sexual Assault or First Degree Injury to a Child, Elder or Disabled Individual.
JURY RECOMMENDED SUPERVISION
Providing the defendant files an application for probation prior to trial and qualifies for probation, a jury may recommend that the judge suspend the imposition of the sentence.
A defendant is not eligible for jury recommended community service if:
The defendant is sentenced to prison that exceeds 10 years or is found guilty of Murder or Indecency with a Child (contact); Aggravated Sexual Assault or Sexual Assault and the victim was younger than 14 years of age at the time of the offense.
Attorney Practice Areas:
- Criminal Defense
- CPS Investigation
- Assault - Family Member
- Aggravated Sexual Assault
- Indecency with a Child
- Aggravated Assault
- Drug Crimes
- Capital Murder
- Hate Crimes
- Juvenile Offenses
- Robbery
- Weapons and Gun Charges
- Drunk Driving (DWI)
- Immigration Consequences
- Weapon Definitions
- Driving with a Suspended License (DWLS)
- Expunction of Criminal Records
- Probation
- Forgery
- Theft
- Injury to a Child
- Elder Abuse
- Burglary
- Sex Offenses
- Bail Bonds
- Murder
- Manslaughter
- Parole Violations
- Sealing Your Record
- Criminal Mischief
- Prohibited Weapons
- Homicide
- White Collar Crime
Alan Cohen
Attorney At Law
2425 West Loop South, Suite 200; Houston, TX 77027
Phone: (713) 623-4828 E-Mail Fax: (713) 297-8864
