In Texas, there are two common ways a person commits Aggravated Assault. The most common way a person commits aggravated assault is if the person assaults another and uses a exhibited a deadly weapon.
If a defendant violates a condition of community supervision (probation), only the judge may hear evidence and decide whether to impose any punishment. However, the judge must follow certain procedures before taking any action. If a defendant violates a condition of probation, the judge may order the defendant’s arrest. The motion to revoke must specify the gourds for adjudication or revocation.
Under Texas law, a person has a right to an attorney if the State of Texas is attempting to revoke his or her probation. It is important to remember the District Attorney’s Office has to prove that the alleged violations are true. If a hearing on a motion to revoke or adjudicated does not take place until after the period of supervision has expired, the defendant may raise and prove an affirmative defense based no the District Attorney’s lack of due diligence in arresting the defendant and proceed to a hearing. This affirmative defense, however, applies only to an alleged violation of a condition requiring a defendant to report to a supervision officer or to remain in a specific place.
While the state may attempt revoke your probation, the judge does not necessarily need to go along with the state’s argument. In many instances, the judge has the power to sanction a person for violating their conditions of probation without sending the defendant to prison.
At Ramos Law, we understand that complying with the conditions of probation can be complex. Often, a person on probation will have many probation officers, which can be confusing for the person on probation. Sometimes, instructions or responses are not communicated effectively, the person on probation gets into trouble. Most importantly we believe that life circumstances occur that should allow a person on probation to get a second chance. As your advocate, we will use any legal tool at our disposal persuade a judge from revoking your probation.