Probation and your record
Dallas probation violation lawyer.
A probation violation moves faster, and with fewer protections, than the original case. The State files a motion, a warrant issues, often with no bond, and a judge decides alone using a lower standard of proof. On deferred adjudication, a violation can open the full range of punishment for the original charge. Judges also have options short of jail. We move quickly to get you a bond or a hearing, and we bring the judge real reasons to keep you on probation.
Right now
If you have a probation warrant or a motion to revoke.
- 01
Find out exactly what was filed
A motion to revoke (regular probation) and a motion to adjudicate (deferred adjudication) carry different risks. The motion lists every violation the State says happened.
- 02
Do not wait to be picked up
A probation warrant does not expire. Turning yourself in with a lawyer and a plan for bond or a quick hearing is often better than being arrested at work or during a traffic stop.
- 03
Keep reporting, but do not discuss the allegations
Your probation officer can testify at the hearing. Do not explain a new arrest or the alleged violations in a meeting or on a form without talking to a lawyer first.
- 04
Gather proof of what you have done right
Payment receipts, class certificates, community service logs, clean drug tests, pay stubs and a letter from your employer. Judges weigh the whole picture.
- 05
Call us, 24/7
We have dealt with all the local jails and know how to ask for a bond or a fast setting. The consultation is free, in English or Spanish.
Key deadlines and numbers
- Who decides, and how
- A judge, without a jury, by a preponderance of the evidenceSource: Tex. Code Crim. Proc. 42A.751
- If you are held without bond
- On your request, a hearing within 20 daysSource: Tex. Code Crim. Proc. 42A.751
- Regular probation revoked
- Up to the original sentence that was suspended, which the judge may reduceSource: Tex. Code Crim. Proc. 42A.755
- Deferred adjudication adjudicated
- Anywhere in the full range for the original offenseSource: Tex. Code Crim. Proc. 42A.108
- Unpaid fees, fines or restitution
- The State must prove you were able to pay and did notSource: Tex. Code Crim. Proc. 42A.751
Texas law
How a probation violation works in Texas.
Probation, called community supervision, is governed by Chapter 42A of the Code of Criminal Procedure. When the State believes you broke a condition, it files a motion and asks for a warrant. What can happen next depends on the kind of probation you have and what you are accused of.
| Type of supervision | If the violation is found | Notes |
|---|---|---|
| Misdemeanor probation | Revoke and impose up to the original jail sentence, or continue, modify or extend probation | The judge can reduce the original sentence; extensions are limited by law |
| Misdemeanor deferred adjudication | Find you guilty and sentence anywhere in the range: up to 180 days (Class B) or 1 year (Class A), plus a fine | You lose the dismissal you would have earned by finishing |
| State jail felony probation | Revoke and impose up to the original state jail term (180 days to 2 years), or continue with new conditions | Time already spent in jail on the case counts |
| Felony probation | Revoke and impose up to the original prison sentence, which can be reduced, or continue with new conditions | New conditions can include treatment programs or a short stay in a sanction facility |
| Felony deferred adjudication | Find you guilty and sentence anywhere in the full range, up to 99 years or life for a first degree felony | The highest-risk situation, because no sentence was set when you pleaded |
Technical violations and new charges
Missed reports, missed classes, unpaid fees and failed drug tests are technical violations. A new arrest is both a new case and a violation, and the State can go forward on the violation before the new case is tried. The two have to be defended together.
Judges have options short of revocation
The court can continue you on probation, add conditions, require treatment or a short jail stay, or extend the term. A realistic plan is often what keeps people out.
Source: Tex. Code Crim. Proc. 42A.752The due diligence defense
When the State waited too long to arrest you after filing, a due diligence defense can apply to allegations like failing to report or leaving the area. It depends on the dates, so the timeline matters.
Source: Tex. Code Crim. Proc. 42A.109Early termination
People doing well on probation may be eligible to ask the judge for early termination after serving part of the term. Finishing early ends the risk of a future violation.
Source: Tex. Code Crim. Proc. 42A.701How we work
How we handle a probation violation.
Mr. Estrada reads the motion and your probation file and sets the strategy. Our team works the case with him and keeps you and your family updated in English or Spanish.
01
Get you in front of the judge
We ask for a bond or a prompt hearing, and when it makes sense we arrange for you to surrender with counsel so you are not arrested at work or at home.
02
Check every allegation against the records
Each violation has to be proved. We review the officer's notes, the reporting history, the drug test records and the payment ledger for mistakes and gaps.
03
Test the drug results
Labs and instant tests can be wrong, and a diluted or missed test is not the same as a positive one. We ask for the lab documentation behind every result.
04
Build the mitigation
Work history, family responsibilities, treatment progress and the real reasons behind a missed payment or report. Judges have wide discretion here, so your story matters.
05
Negotiate or contest the motion
Many motions are resolved with modified conditions, an extension or a short sanction. When the State's proof is weak, we contest the motion at a hearing.
06
Appeals and writs after revocation
If probation is revoked, we review the record for an appeal, which has a 30-day deadline, or for a writ of habeas corpus, even if another lawyer handled the original case.
Who handles it
The lawyer on the sign is the lawyer on your case.
Mr. Estrada has practiced in Texas since 2003, in state court and in the Northern, Eastern and Western federal districts of Texas. He reads the file and sets the strategy, with associates and staff who work the case alongside him. Everything is explained to you in English or Spanish.
What clients say
“Mr. Estrada did an excellent representation of my case and was very explicit and direct on what my consequences were and implications.”What a violation can change in the rest of your life.
- Immigration
- A revocation or an adjudication adds a sentence to the case, and the length of that sentence can change the immigration picture. If you are not a citizen, we plan the violation hearing with that in view.
- Your record and future sealing
- Being adjudicated on a deferred case ends the dismissal you were working toward and usually closes the door to an order of nondisclosure. Staying on and finishing keeps those options open.
- Guns, license and work
- Having a firearm while on felony supervision can bring a new charge, and a felony conviction after revocation brings a lasting federal gun bar. A revocation can also mean license suspensions and lost jobs while you serve the sentence.
Dallas and Odessa
Probation violations in Dallas County and Ector County.
In Dallas County, probation is supervised by the Community Supervision and Corrections Department, and motions to revoke or adjudicate are heard by the court that placed you on probation, at the Frank Crowley Courts Building. People held on probation warrants are booked at the Lew Sterrett Justice Center. In Odessa, the Ector County supervision department handles probation and the hearing takes place in the original court at the Ector County Courthouse. If you were placed on probation in one county and live in another, both may be involved.
FAQ
Questions people ask.
Can I get a bond on a probation violation?
Sometimes. Many felony probation warrants are issued with no bond, and the judge decides whether to set one. If you are held without bond, you can ask for a hearing, which must be held within 20 days of that request. We push for a bond or a fast hearing.
What is the difference between a motion to revoke and a motion to adjudicate?
A motion to revoke is filed on regular probation, where a sentence was already set and suspended. A motion to adjudicate is filed on deferred adjudication, where no sentence was set, so a finding of guilt opens the full range of punishment.
Will I go to jail for a failed drug test?
Not necessarily. Judges often respond to a positive test with treatment, more testing or added conditions. Repeated violations or a new charge raise the risk, and your record on probation so far matters.
Can the judge give me more time than my original deal?
On regular probation, the judge is limited to the sentence that was suspended and can reduce it. On deferred adjudication, no sentence was set, so the judge can sentence anywhere in the full range for the offense.
Can I get off probation early?
Many people can ask for early termination after completing part of the term and meeting their conditions. Some offenses are excluded. A clean record on supervision is the starting point.
Do you take cases another lawyer started?
Yes. We represent people on probation violations, appeals and writs even if another lawyer handled the original case. The consultation is free, and we discuss the fee and payment options up front.
Related situations
- Jail release, bond and warrants
- Felonies and misdemeanors
- Clear your record
- DWI
- Drug possession
- Supervised release violations
- All: State Criminal Defense
Updated October 2026
This page is general information about Texas law, not legal advice for your situation. Reading it does not create an attorney client relationship. Every case is different, and past results do not guarantee a future outcome.
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Law Office of Olegario Estrada, P.C.
We explain everything.We answer 24/7.Se habla español.
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