Self-Revoking Probation

By Allen, Texas Criminal Defense Lawyer Kyle T. Therrian
Office Number: (972) 562-7549
24 Hr Jail Release: (214) 403-6522

Probation always seems like the appealing option when it is offered, but probation is not for everyone. Sometimes people don’t learn this until several months into a probation term. In theory, probation is suppose to be a form of punishment and rehabilitation tailored to a particular crime. In practice, probation can quickly become tailored to the most recent probation-related failure.

Probation officers live in a carrot-and-stick world where successful completion of probation is the carrot and a motion to revoke/adjudicate is the stick. They will ask you to sign contractual extensions of probation which add conditions or sanctions under the duress of potential jail-time (frequently misportrayed as certain jail-time). Many times this practice is done with good intent–after all, they are sparing you the alternative of going to jail.

But sometimes this alternative is an inevitability. Sometimes successful completion and discharge from probation is just not realistic. Depending upon the amount of potential jail-time which is hanging over a person’s head, it can become plain silly to keep extending probation, serving sanctions or performing additional conditions. If or when a motion to revoke is filed and a jail-sentence is imposed, a judge is not required to give a person credit for sanctions or achievements while on probation, and frequently will not.

When the writing is on the wall, hiring an attorney to file a motion to self-revoke probation may be the best solution. An attorney can take a diplomatic approach to getting your probation revoked which will pay far more dividends than just flipping everyone the bird. In my experience, prosecutors are typically willing to agree to a reasonable jail-time alternative to probation on a motion to self-revoke probation.

*Kyle Therrian is an attorney licensed to practice in the State of Texas. Nothing in this article is intended to be legal advice. For legal advice on any case you should contact an attorney directly.

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