Probation & Parole Violation Lawyer in Collin County & McKinney

If your probation officer has reported a violation, the time to act is before the arrest. A probation violation lawyer in McKinney can get in front of the judge early and ask for a bond. Kent Starr has practiced criminal law since 1997 and handles violation cases from his McKinney office in the county seat, where they are heard.

These cases move fast and the stakes are jail. A parole or probation violation hearing runs on its own rules, with a lower burden of proof than a trial. Kent has argued them in Collin County since 1997, and he reads your supervision order and the officer’s report before he tells you where you stand.

If you are facing a probation or parole violation, call Kent Starr. Call 214-982-1408 for a free consultation.

What are Parole and Probation Violations?

It is important to understand the difference between parole and probation violations. This helps you better advise your lawyer. In turn, your attorney can form a stronger defense.

In general, parole is the release of a prisoner on certain conditions. A board decides if an individual should receive parole after a specified time in jail. The board considers things like good behavior and remorse.

Probation is typically awarded instead of a prison sentence. An offender must comply with certain rules and restrictions or face jail time. The main difference is that parole is awarded after time in prison. Probation is granted instead of time behind bars.

Terms & Conditions

The terms of parole or probation vary depending on the circumstance. There are several general restrictions all parolees and those on probation must abide by, including:

• Limitations on the consumption of alcohol
• Zero tolerance policy for the possession or consumption of illegal substances
• Mandatory drug and alcohol testing
• Mobility restrictions
• No gambling
• Submitting to searches, both of your person and your home
• Obtaining or searching for steady employment

Other conditions may depend on the type of offense or the conditions of your release. For example, you may not be permitted to own or shoot firearms. In other cases, you may not be allowed to visit certain areas of town. Violations occur when you engage in one of those actions without the prior permission of the court. If you must participate in one of those activities, contact a lawyer in advance. They can request the court make an allowance, depending on the circumstance.

If you worry you may have violated your parole, or if you have been charged, contact Kent Starr. He has practiced criminal law since 1997. That experience helps him contest parole and probation violation allegations in court.

How a Probation Violation Case Moves Through Collin County

Your supervision officer reports the violation to the Collin County District Attorney’s Office, which decides whether to file. On straight probation, the State files a motion to revoke, an MTR. On deferred adjudication, a motion to adjudicate, an MTA. On an MTR, the most the judge can impose is the sentence that was originally probated. On an MTA, no sentence was ever entered, so the full punishment range for the original charge opens back up; for a state jail felony, that range can include reduced misdemeanor punishment under Penal Code 12.44. The court then issues an arrest warrant, often with no bond set in felony cases. Arrest means booking into the Collin County Detention Facility at 4300 Community Ave. in McKinney, with no way out until a lawyer asks the original court for a bond and a prompt hearing date.

The hearing happens before the judge of the court that placed you on supervision. Felony violations are heard in the district courts and most misdemeanors in the County Courts at Law, both at the Russell A. Steindam Courts Building, 2100 Bloomdale Road in McKinney. There is no jury. The State has to prove a violation by a preponderance of the evidence, a much lower bar than at trial. Early settings are where your lawyer gets the State’s evidence and talks with the prosecutor about fighting the motion or resolving it by agreement.

Blue Warrants Are Parole, Not Probation

A blue warrant is a different animal. It issues for a parole violation through the Texas Board of Pardons and Paroles, not from a Collin County judge. You are typically held without bond, and the revocation hearing happens before a parole hearing officer. The judge who sentenced you has no role in it. Kent handles both, and the first question for a worried family is which warrant they are facing.

Defending Against a Probation Violation in Texas

Technical violations can be rebutted with records. Community supervision runs under Chapter 42A of the Texas Code of Criminal Procedure. The State must prove every violation it alleges. Most allegations are technical: a missed office visit, a positive drug test, unpaid fees, missed community service hours. Work records and supervision logs often tell a different story than the report. A positive drug test can be challenged on chain of custody and on prescription medications.

Inability to pay is a defense to fee allegations. Texas law does not allow a judge to revoke probation solely because you were too poor to pay fees or restitution. The State has to show the failure to pay was intentional.

A new arrest is not proof of a new offense. If the alleged violation is a new charge, like a new drug case, the State still has to prove that offense at the hearing. An arrest alone does not meet the burden. Judges also have options short of full revocation, such as amended conditions or an extended term, and Kent’s job is to put those in front of the court.

Choosing a Lawyer for a Violation Hearing

Two things before you sign with anyone. First, be wary of a lawyer who guarantees an outcome. Nobody can promise what a Collin County judge will do at a revocation hearing, and a lawyer who tells you otherwise is selling you something. Ask instead how the lawyer reads your specific allegations and what the realistic options are.

Second, ask who actually shows up. At a small firm the lawyer you meet is the lawyer who stands next to you in court. Kent has practiced criminal law since 1997, and he handles his own cases from the first call through the hearing. If you have an open violation or you think one is coming, call 214-982-1408 for a free consultation.

Frequently Asked Questions About Probation Violations in Texas

Can I be held without bond on a probation violation in Collin County?

Yes, often in felony cases. The judge can issue the warrant with no bond set, and you can sit in the Collin County Detention Facility until the hearing. A defense lawyer can ask the original court to set a bond. Nothing moves until someone asks.

What is the difference between a motion to revoke and a motion to adjudicate?

A motion to revoke applies to straight probation. If the judge revokes, the most you can receive is the sentence that was originally handed down. A motion to adjudicate applies to deferred adjudication, where guilt was never entered, so the full punishment range opens back up.

Is a blue warrant the same thing as a probation violation warrant?

No. A blue warrant is a parole warrant issued through the Texas Board of Pardons and Paroles. You are usually held without bond, and the hearing happens before a parole hearing officer, not the judge who sentenced you. A probation violation goes back to the original court in Collin County, where a lawyer can ask for a bond.

How We Serve Collin County for Parole and Probation Violations

McKinney Parole and Probation Violation Defense

Kent represents probation and parole violation clients from McKinney, where Collin County cases are heard.

Plano Parole and Probation Violation Defense

Kent represents clients from Plano; their Collin County cases are heard in McKinney.

Frisco Parole and Probation Violation Defense

Kent represents clients from Frisco; their Collin County cases are heard in McKinney, and cases arising in the Denton County portion of Frisco can be filed in Denton County.

Allen Parole and Probation Violation Defense

Kent represents clients from Allen, and their Collin County cases are heard in McKinney.

Call 214-982-1408 to arrange your free consultation.

What to Know When Contacting a Probation Parole Violations Attorney in McKinney Texas

There are a few things you should know before calling a probation parole violations attorney in McKinney Texas. Obtaining a full copy of your probation or parole order is your first task. Your lawyer needs to know precisely what you understand your restrictions to be. You should also have some information about the initial offense as that can play a role in sentencing.

Violation hearings happen before the original Collin County court that ordered supervision. The firm's Collin County criminal defense hub explains the county's courts and how a warrant turns back into a court date.