If you are on probation the lawyers at Hernandez & Hernandez are available to assist you with the probation related difficulties in your life. They provide advice and representation in probation matters such as:

  • Motions to Revoke Probation
  • Motions to Adjudicate Guilt
  • Modifications of the Terms and Conditions of Probation
  • Early Termination of Probation

You might find it necessary to change the terms or conditions of your probation, for example, when a need arises to travel or to accommodate the requirements of employment. When you find yourself in that situation, the attorneys and Hernandez & Hernandez can petition the Court to modify the terms of your probation as necessary to accommodate the reason for the change.   The attorneys will persuasively negotiate with the District Attorney and the Court on your behalf to obtain the desired change.

Perhaps you have successfully completed all or most of the terms and conditions of your probation, but there is still time remaining to be served on probation. If you are on straight probation and have served at least 2 years or 1/3 of your sentence, you might be eligible to have your probation terminated early.  If you have completed most of the requirements of your probation related to a deferred adjudication, there is no minimum time you have to serve on probation before being able to petition the court for early termination of probation. Either way, the attorneys and Hernandez & Hernandez are available to seek early termination of probation on your behalf.    
    
If you were placed on straight probation and the State accuses you in a Motion to Revoke Probation of violating the terms and conditions of probation, the State can ask the Court to sentence you to jail for the underlying term to which you were sentenced.  If you were placed on probation associated with deferred adjudication and the State has filed a Motion to Adjudicate Guilt, the State can seek to have you jailed for the maximum prison term allowable for the crime of which you are accused, and ask the Court to adjudicate a conviction.  (Successful completion of community supervision on a deferred adjudication does not result in a conviction). In these situations, you do not have the right to a jury trial.  Furthermore, unlike trial, where the State has the burden of providing allegations beyond a reasonable doubt, during a hearing on a Motion to Revoke or Motion to Adjudicate Guilt the State only has to prove by a preponderance of the evidence that you violated the terms of probation. It is necessary that you have strong, effective legal representation in these circumstances, and the lawyers at Hernandez & Hernandez will work diligently and effectively to put your best possible case forward. They will work to avoid your incarceration and to achieve a resolution which is in your best interests.

If you require legal assistance in a matter related to probation or community supervision, contact the offices of Hernandez & Hernandez to arrange for your free consultation.