Criminal Defense
Criminal Defense Services in Texas
Isaiah Roby Jackson, Attorney & Counselor at Law, provides comprehensive criminal defense services in Texas for individuals confronting an array of state- and federal-level charges. Our expertise encompasses traffic violations, minor misdemeanors, capital felonies, and more. We steadfastly advocate for clients facing charges that carry significant legal penalties, such as gun violations, robbery, murder, driving while intoxicated (DWI), and other alcohol and drug-related offenses.
State and Federal Charges
Both state and federal crimes can fall under the categories of misdemeanors or felonies, with the key distinction lying in the legal system responsible for their trial and prosecution. Federal charges violate federal law and typically involve interstate or federal government concerns, often investigated by agencies like the FBI and litigated in federal (district) courts.
On the other hand, state charges are prosecuted by state attorneys in county and district courts. There is often an overlap between federal and state laws in terms of the crimes they encompass. Consequently, it is crucial to have legal representation from criminal defense attorneys well-versed in handling cases at both levels.
Traffic Violations
It is probable that you will receive a traffic ticket at some point in your life, as traffic violations are among the most common criminal charges in Texas. These offenses range from minor citations and speeding tickets to more severe charges such as driving under the influence of alcohol, reckless driving, and vehicular manslaughter.
Traffic violations have the potential to escalate into significant problems, with minor infractions leading to serious charges depending on the circumstances. For example, a first-time DWI offense is typically a Class C misdemeanor but can escalate to a felony if a child under 15 is in the vehicle. Repeat offenders may face enhanced charges, emphasizing the importance of challenging traffic tickets whenever possible.
Violent Crimes
Within Texas, violent crimes include criminal homicide, murder, aggravated assault, robbery, and other offenses that entail the use of force or the threat of force against an individual. Law enforcement and prosecutors treat these crimes with the utmost seriousness due to their impact on public safety, often resulting in severe penalties such as lengthy prison sentences and significant fines.
For instance, murder in Texas can be categorized as either a first-degree or capital felony, two of the most serious felony charges in the state. Robbery is another violent crime commonly designated as a felony offense, ranging from second-degree to first-degree felonies, depending on the circumstances and the victim involved.
Probation Violation
Probation, also referred to as community supervision, is a legal arrangement wherein an individual has been found guilty of an offense, but instead of serving time in jail, they are required to adhere to specific conditions set by the judge. There are standard conditions that must be followed, and if the probation officer believes that you are not complying with these conditions, they can recommend revoking your probation, leading to incarceration. In the event of a probation revocation motion, you have the right to have a criminal defense attorney represent you. Typically, probation revocation cases focus on mitigating the alleged conduct rather than disproving the violations. The emphasis is not on proving guilt beyond a reasonable doubt for the original offense but on the state demonstrating that it is more likely than not that you failed to comply with the terms of your probation.
If the state suspects a violation, they will file a motion, and the court will either issue a warrant or summon you to appear and address the motion. Many times, these cases can be resolved without imprisonment, with the outcome depending on the alleged violations presented by the state.
If the state suspects a violation, they will file a motion, and the court will either issue a warrant or summon you to appear and address the motion. Many times, these cases can be resolved without imprisonment, with the outcome depending on the alleged violations presented by the state.
Types of Probation in Texas
In Texas, there are two forms of community supervision available for felonies and misdemeanors:
- Simple Straight Probation: This occurs when you are convicted of an offense and a specific jail sentence is handed down, only to be suspended or probated for a term, as long as you fulfill all conditions.
- Deferred Adjudication: This happens when you have not been deemed guilty and are not given any jail time; instead, the guilt determination is probated while you satisfy the terms and conditions of community supervision.
Common Examples of Probation Violations in Texas
Probation violations in Texas can vary depending on the specific terms and conditions of a person's probation, but some common examples include:
- Failing to report to a probation officer or making false statements to a probation officer
- Committing a new offense while on probation
- Engaging in criminal activities or associating with individuals who have a criminal record
- Failing a drug or alcohol test or using drugs or alcohol
- Using or possessing illegal drugs or weapons
- Failing to pay court-ordered fines or restitution
- Failing to complete court-ordered programs or treatment (e.g., anger management or substance abuse treatment)
- Failing to comply with specific conditions of probation, such as attending school or maintaining employment
- Leaving the state or county without permission from a probation officer
Standard Probation Conditions
Standard probation conditions in Texas include but are not limited to the following:
- Commit no new offenses.
- Abstain from the use of any alcohol or drugs.
- No traveling without permission.
- Report as directed to your supervisor.
- Provide a sample of breath or urine on request.
- Pay your court-ordered monies.
A judge has the authority to establish any other sensible condition for probation. The maximum duration of misdemeanor probation is two years, while felony probation can last up to 10 years.
Consequences for Violating Probation in Texas
In Texas, individuals who violate their probation may incur additional penalties, such as an extension of probation, fines, community service, or potential jail time. Moreover, Texas operates specialized "drug courts" that provide treatment and assistance to probationers grappling with substance abuse issues. If a probationer breaches conditions related to drug or alcohol use, they may be directed to a drug court for further assessment and intervention.
Successfully completing probation in Texas results in no conviction or guilt determination, effectively dismissing the charge. Conversely, failing to meet probation terms and conditions not only leads to a finding of guilt but also exposes the individual to the full range of penalties associated with the original charge. While the consequences may vary, the expected conduct remains the same.