Facing a Probation Violation for a Drug Crime in San Antonio? Protect Your Freedom.

If you’ve been accused of violating the terms of your probation for a drug offense in Bexar County, the clock is ticking. A probation violation allegation is not a minor technicality—it is a serious legal threat that can result in your probation being revoked and you being sent to jail or prison to serve the original sentence you hoped to avoid. At Barton & Associates, our seasoned San Antonio probation violation attorneys provide the aggressive, strategic defense you need to fight these allegations and protect your second chance.

Understanding Probation Violations in Texas Drug Cases

In Texas, probation—often referred to as Community Supervision—is a privilege, not a right. It allows you to serve your sentence under strict supervision within the community instead of behind bars. For drug crimes, this typically comes with a stringent set of rules designed by the court. When the court or your probation officer alleges you have broken these rules, a Motion to Revoke Probation or a Motion to Adjudicate Guilt is filed. This initiates a violation hearing, a critical legal proceeding where your freedom is on the line.

A violation is not a new criminal trial. The burden of proof for the state is lower (“preponderance of the evidence” versus “beyond a reasonable doubt”). However, you still have important rights, including the right to a hearing, the right to present evidence, and the right to be represented by a skilled criminal defense lawyer. The stakes could not be higher: a judge can extend your probation, add stricter terms, or order you to serve the full original sentence in a Texas Department of Criminal Justice facility.

Common Types of Drug Crime Probation Violations in Bexar County

Probation terms for drug offenses are particularly invasive and difficult to navigate. Common allegations we defend against include:

• Failed Drug Tests: This is the most frequent allegation. A positive test for any controlled substance, including marijuana, or a diluted or missed test, can trigger a violation. With the changing laws around hemp, false positives are a serious concern.
• Failure to Report or Check-In: Missing scheduled meetings with your probation officer (PO) or failing to maintain stable contact is a technical violation.
• Failure to Pay Fees & Fines: Not keeping up with court-ordered restitution, supervision fees, or fines can lead to a violation hearing.
• Failure to Complete Programs: Not attending or failing to complete mandated courses like drug education, counseling, or rehabilitation programs.
• New Criminal Arrests or Charges: Being arrested for any new offense—even a minor misdemeanor—is a direct violation of your probation terms and can lead to immediate detention.
• Not Completing Community Service Hours: Failing to fulfill court-ordered community service within the required timeframe.
• Traveling Without Permission: Leaving Bexar County or the State of Texas without explicit approval from your PO or the court.
• Association with Known Criminals or Visiting Prohibited Places: Many drug probation orders prohibit contact with certain individuals or venues.

The Critical Stages of a Probation Violation Hearing & Our Defense Strategy

When a “blue warrant” is issued for your arrest, you need immediate legal intervention. Our San Antonio drug crime probation violation lawyers guide you through every step:

1. The Surrender & Detention Hearing: We can often negotiate a voluntary surrender, which looks far better to the court than being arrested on a warrant. We will advocate for your release on a personal bond pending the full hearing.
2. Investigation & Case Analysis: We meticulously review the state’s evidence. Was the drug test administered correctly? Was the chain of custody for the sample preserved? Did the probation officer follow all procedures? We look for administrative errors, constitutional violations, and mitigating circumstances.
3. Developing a Powerful Mitigation or Defense Argument: Our approach is two-fold:
   1. * Full Defense: We fight the allegation itself. For example, we may challenge the reliability of a urine test, prove you had permission to travel, or demonstrate that fees were paid but misapplied.
   2. * Mitigation & Advocacy: If a violation occurred, we construct a powerful narrative for the judge focused on rehabilitation. We present evidence of your overall compliance, job stability, family support, and steps taken to address the underlying issue (e.g., voluntarily entering a treatment program). The goal is to convince the court that revocation is not in the interest of justice and that alternative sanctions are appropriate.
4. The Revocation Hearing: This is your day in court. We present evidence, cross-examine the probation officer, and make compelling legal arguments on your behalf. Our goal is to secure the most favorable outcome possible.

Potential Outcomes of a Texas Probation Violation Hearing

The judge has broad discretion. Possible results we fight for include:

• Dismissal of the Motion: The allegation is dropped, and your probation continues as before.
• Continuance or Extension of Probation: The judge adds time to your supervision period or continues the hearing to allow you more time to comply.
• Modification of Terms: The court may impose stricter or additional conditions, such as more frequent testing, electronic monitoring, or a stay in a residential treatment facility.
• Shock Probation or Intermediate Sanctions: The judge may order a short period of incarceration (e.g., 30-90 days in Bexar County Jail) as a “wake-up call” before reinstating probation.
• Revocation of Probation: This is the worst-case scenario. The judge revokes your community supervision and sentences you to the full term of imprisonment originally possible. For a drug crime, this could mean years in TDCJ.

Why Choosing Barton & Associates Makes The Difference

Facing a probation violation is daunting, but you do not have to face it alone. The prosecution and your probation officer are not on your side. You need a dedicated advocate who understands the local system.

• Deep Knowledge of Bexar County Courts: We know the judges, prosecutors, and probation department procedures in San Antonio. We use this insight to craft effective, localized strategies.
• Former Prosecutorial Experience: Our attorneys have seen both sides of the courtroom, giving us a strategic advantage in anticipating and countering the state’s arguments.
• Aggressive & Compassionate Advocacy: We fight relentlessly for your freedom while understanding the personal struggles that often accompany addiction and recovery. We advocate for treatment, not just punishment.
• Focus on Preservation of Second Chances: Our mission is to protect the opportunity probation represents. We work to keep you in the community, employed, and with your family while fulfilling your legal obligations.

Act Now to Protect Your Probation and Your Future

Time is your enemy in a probation violation case. Delaying can lead to a bench warrant, arrest, and the presumption that you are not taking the matter seriously. Proactive legal counsel is your most powerful tool.

Contact Barton & Associates today for a confidential case evaluation. If you or a loved one has received notice of a probation violation for a drug crime in San Antonio, Austin or Corpus Christi, Texas do not wait. Call us at 210-500-0000 to schedule a confidential consultation with a skilled probation violation defense lawyer. Let us put our experience, local knowledge and unwavering commitment to work defending your freedom and your future.

Main Category: Criminal Defense
Practice Area Category: Drug Crimes
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000