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Denton, Lewisville, Flower Mound and Corinth DWI and Criminal Attorney |
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A Probation Officer, through the District Attorney's office, can file
a Motion to Revoke Probation or Motion to Adjudicate Guilt if the Probation
Officer believes that the Defendant has violated a term and condition
of probation. These alleged violations can be sometimes very minor (failure
to pay courts costs timely) to serious violations -- the Defendant is
arrested for a crime while on probation. Whether or not a defendant
actually committed the original offense is irrelevant. The issue in
a probation violation is strictly whether or not a defendant violated
a term and condition of his or her probation.
Why You Need an Attorney
Initially, the filing of a Motion to Revoke Probation usually triggers
a warrant for your arrest. There are a number of issues which must be
addressed to determine whether or not you would be entitled to a bond
or whether you would have to sit in jail until the case is disposed.
You need an attorney to represent you in this matter because you could
be facing extensive jail time if your probation is revoked.
In all counties in North Texas, the Courts take the initial grant
of probation seriously. However, the State still must prove that the
terms of probation were violated. Just because a probation officer has
made an allegation against you, that doesn't necessarily mean it is
true. Records can be incorrect. Out of county transferred-probations
have problems unique to themselves.
Whether you select us to represent you or some other law firm, make
sure you have an attorney represent you.
Punishment Maximums set by the Legislature
(if the State has enough evidence to prove an allegation true) the
maximum punishment is as follows:
- Motion to Revoke
Probation - The original suspended
sentence
- Motion to Adjudicate - The maximum punishment in
jail for the original offense
Our Qualifications and Training
We have been involved in hundreds of probation violation cases in
Denton, Dallas, Tarrant and Collin Counties over the past several years.
Our attorneys are among only a handful of defense attorneys that have
attended the same training that the Prosecutors and Law Enforcement
attend. We remain current on the law and do everything possible to get
you the best disposition of your case, whether it be a reinstatement
or extension of probation, withdrawal of the motion, the least amount
of jail time possible.
The above information is not intended to disseminate legal advice
or include all situations or facts specific to your case. Certain factors
(including, but not limited to aggravating circumstances or prior criminal
record used for enhancement) may alter the punishment range for the crime for which the defendant is actually charged. For further information which
applies your facts to the law contact our office for a FREE CONSULTATION
at 940.483.8000 or metro 972.724.4820.
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Criminal defense attorney Tim Powers graduated cum laude from
Tulane University School of Law in New Orleans. He is a former Assistant
District Attorney and Chief Misdemeanor Prosecutor, Powers was voted
1997 Denton County Prosecutor of the Year.
Tim has experience in over 5,000 DWI, drug, assault/family violence,
divorce and family law cases in North Texas. He recently served as
a Municipal Court Judge in Denton County. He is a member of the College
of the State Bar of Texas, the Texas Criminal Defense Lawyer's Association,
the National Association of Criminal Defense Lawyers and the Denton
County Bar Association.
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Tim Powers is an experienced legal analyst and commentator for
various media outlets including the Associated Press and has been
seen in national mediums including: USA Today, Newsday, ABC News
Online, MSNBC.com, The Dallas Morning News, Fort Worth Star Telegram,
and Denton Record-Chronicle, among others.
He frequently appears on FOX 4 News, NBC 5, CBS 11, and WB33. Tim
has extensive radio experience. He is a regular guest on shows across
the nation including America @ Night, The Jeff Katz Show, The Popoff
Report, The Flipside and many more. Locally, he serves as an analyst
for WBAP, KRLD, the Texas State Network, KLIF, News Talk 990, KLLI's
The Russ Martin Show and the Marty Griffin Show.
Visit
the News Room
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Our office is located at:
121 North Woodrow Lane
Suite 201
Denton, Texas 76205
(we are located just east of the Denton County Courthouse)
940.483.8000
972.724.4820 (Metro)
940.483.8300 (Fax)
Email: Info@TimPowers.com
Click here for directions to our office.
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