Can You Appeal a Probation Revocation in Texas?
In Texas, a person who has not previously been convicted of a felony is generally eligible to receive probation. Probation is, in essence, a suspended sentence. If the probation is violated, then the sentence will be triggered and the person will be sent to jail. However, in most cases, a probation revocation can be appealed, although a judge does have to agree to hear the appeal.
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Probation
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When a person is placed on probation, he is given a number of stipulations that govern his behavior. For example, a person on probation may be forbidden from associating with people with criminal records or from visiting certain establishments, such as places that sell liquor. A person will also be provided with a probation officer who will be charged with monitoring the probationer's compliance with these statutes.
Probation Violation
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If a probation officer learns that a probationer has violated one of the stipulations of his probation, then the officer may choose to file a motion with the court to revoke the individual's probation. In addition, if the person is arrested for another offense, then the judge hearing that case may also choose to revoke the person's probation, as one of the stipulations of probation is to avoid police contact, including arrests.
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Appeal
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Before a person can have his probation revoked, he will be given a hearing in which he can argue, with the help of an attorney, why he should not have his probation revoked. In addition, once the probation has been revoked, an attorney can also file an appeal charging the judge did not rule correctly or that there is another legal reason that the probation revocation was legally invalid.
Considerations
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If a person had his probation revoked because he committed another crime, then the lawyer may choose to appeal the conviction of that crime and then ask the judge to suspend the probation revocation until the appeal has been heard. Or he may appeal the probation revocation on technical grounds. However, a judge does not have to agree to hear an appeal or to suspend the probation revocation.
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