Probation is one of the most common alternatives to jail after someone pleads guilty or is convicted of a crime. And while probation may spare someone jail time, it doesn’t mean they’re able to go about life as normal.

What is Probation?

Many people convicted of a crime will be given probation — a court-ordered sanction that allows a person to stay out of jail and in the community while under strict supervision.

Ultimately, a person on probation is supervised by a probation officer and must abide by the specific conditions of their sanction. Probation can mean many things — it can include fines, restitution, house arrest, community service, and more. Those on probation also often have to abstain from drugs and alcohol, undergo drug testing, and regularly check in with their probation officer.

Violating Probation Can Lead to Serious Consequences

There are many ways someone can violate their probation. Some of the most common violations are:

• Commission of a new offense
• Failing to report
• Testing positive for drugs or alcohol
• Failing to complete mandatory classes or community service
• Failing to pay child support
• Failure to pay fines and costs

The repercussions for violating your probation depend on a few different factors, but it mostly relies on how severe the violation was and the circumstances surrounding it.

Violating your probation can lead to serious consequences including jail or prison time.

Magaña & Van Dyke will take the time to get to know you and learn about your circumstances. Schedule a free consultation by calling us at 940-382-1976 or contacting us online.

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Whether on TV or during conversations with friends, the words “theft” and “robbery” are often lumped together and used interchangeably. And while they share a lot of similar characteristics (i.e., taking someone else’s property), there are substantial differences between the two — especially in the eyes of the law.

The Legal Definition of Theft vs. Robbery

Theft, also known as larceny, petty theft, and grand theft (depending on the monetary value of what’s stolen), involves taking someone’s property that doesn’t belong to you. This could include scenarios like taking a wallet that was left behind in a restaurant, stealing a bike left outside of a store, or shoplifting.

Theft involves:

• Property: Intent to take someone’s property or goods.
• Wrongful: Theft involves deceit or trickery to take someone else’s property.
• Deprive: To prove theft, it has to be clear that a person intended to permanently deprive the rightful owner of their property.

The major difference between theft and robbery is that robbery is taking something from a person, using force or the threat of force.

Robbery involves:

• A person: To be found guilty of robbery, you have to take something from someone. If an item was left behind, it would not constitute robbery. However, if you grabbed a wallet out of someone’s hand, that may be considered robbery.
• Violence: Unlike theft, robbery is a violent crime. That being said, the victim doesn’t have to suffer an injury for a crime to be violent. The threat of violence, such as holding a gun or knife to someone or verbally threatening them with future violence still constitutes a violent crime.

Burglary is also commonly thrown into the mix when we talk about theft and robbery. And while burglary can involve taking something that doesn’t belong to you, the actual definition is a bit broader. To commit a burglary, you must enter a structure or dwelling with the intent to commit a crime within it — any crime.

Magaña & Van Dyke will take the time to get to know you and learn about your circumstances. Schedule a free consultation by calling us at 940-382-1976 or contacting us online.

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If you’ve ever watched crime dramas on TV, you’ve probably heard the phrase, “if you can not afford an attorney, one will be appointed to you.”

This is one of the cornerstones of our justice system — everyone is entitled to a lawyer, regardless of their income or circumstances. That being said, not all lawyers are created equal.

When facing criminal charges, you have the choice between a public defender or hiring a private attorney. And when facing potentially serious consequences, it’s important to understand the difference between the two and which option is best for your situation.

Understanding the Difference Between a Public Defender and Private Attorney

The Downfall of Public Defenders

If you receive a court-appointed lawyer, you’re likely getting a public defender. While this lawyer will come at no cost to you, there are several reasons why this is not in your best interest:

• You have no say in who represents you. You’ll receive whichever public defender is assigned to you by the state, meaning you have no say in who is picked for the job.
• Switching public defenders is difficult. If you decide you do not like your public defender or feel they’re not representing you well, it’s nearly impossible to have them removed and to get another court-appointed lawyer.
• Public defenders are overworked. Just like you have no say in who defends you, public defenders can not turn down cases they’re assigned to by the state. This means your average public defender is working dozens of cases at the same time. With so many clients to care for, they may not have the necessary time to dedicate to your case.
• Your lawyer may be inexperienced. Though not always, many public defenders are young and only recently passed the bar exam. With little criminal court experience, they may not yet be capable of handling the complexities of your case or defending you to the level you deserve.

A Private Attorney Puts You in Control

From jail time to difficulty securing employment, a criminal conviction can have serious effects on the rest of your life. Don’t leave your future up to chance.

Unlike a public defender, private attorneys:

• Have control over their caseload. A private attorney never has to take a case. After an initial consultation, our lawyers look at their account load and only agree to take you on as a client if they have the time needed to provide you with the very best defense.
• Often specialize in one area. Since our founding in 2007, our attorneys have provided high-quality service in Denton County and the surrounding areas. Our team specializes in criminal defense matters, including DWIs, sex crimes, drug charges, robbery, and murder.
• Have more resources at their disposal. If you’re facing serious charges, you need more than just a good lawyer. At Magaña & Van Dyke, we work as a team, which means you can be confident that we will keep your case files organized.
• Are more accessible. Because they’re working on so many cases, it may be difficult to contact your public defender when you have questions. However, our large team and resources means that someone will be available to help with your every need.

Have you been charged with a crime in Denton and surrounding areas? Magaña & Van Dyke will take the time to get to know you and learn about your circumstances. Schedule a free consultation by calling us at 940-382-1976 or contacting us online.

With over 20 years of combined experience, thousands of cases handled, and strategic approaches, we give you our word that we’ll provide nothing short of exceptional criminal defense in trial, and we will strive to get the case dismissed altogether if possible.

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After a person is found guilty of a crime, they may be put on probation — a sanction that’s been ordered by the court system. Probation allows a person to stay in the community, so long as they’re supervised by a probation officer and follow any other court-ordered rules.

While probation is almost always a more preferential sanction than jail or prison time, it’s not without its own set of rules and regulations, many of which can impact your life. After a few months or years, many people begin to wonder if it’s possible to get off probation (or deferred adjudication) early.

Probation vs. Deferred Adjudication

Unlike probation, deferred adjudication is not a conviction. If you’re placed on deferred adjudication, you’ll likely have to report to a probation officer and abide by the terms of your probation while living within the community. However, you are not found guilty when placed on deferred adjudication.

If you successfully complete all of the conditions, you will be discharged from deferred adjudication and the case will be dismissed. One of the biggest benefits of successfully completing your deferred adjudication is that you will not be a convicted criminal.

Completing Probation or Deferred Adjudication Early

Can I complete probation early? Yes.

If you were placed on probation, the law typically requires defendants to serve at least one-third of the original sentence while on probation before being eligible for early release. Take, for example, someone sentenced to one year of probation. They will have to serve four months before early release can be considered.

For those sentenced to probation for longer than two years, the law varies slightly. If you’re interested in early release, reach out to the team at Magaña & Van Dyke.

Can I complete deferred adjudication early? Yes.

Trial court judges are capable of releasing someone from deferred adjudication at any time. However, it’s important to note that you can not be released until all other conditions of your probation are met (fines are paid, community service is completed, any required classes were attended and completed, etc.).

Ultimately, the best way to increase your chances of being released from probation or deferred adjudication early is to stay out of trouble, avoid drugs and alcohol, and abide by all other conditions of your release.

Magaña & Van Dyke will take the time to get to know you and learn about your circumstances. Schedule a free consultation by calling us at 940-382-1976 or contacting us online.

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Facing criminal charges is one of the most overwhelming, scary, and uncertain experiences a person can go through. With everything from your freedom to reputation on the line, you should never take a charge — whether misdemeanor or felony — lightly.

Regardless of how much work you believe you can do yourself, the criminal justice system makes it virtually impossible for people to adequately represent themselves. With so much on the line, it’s always best to put your trust in an experienced attorney.

Why You Should Hire a Defense Attorney

1. They understand the criminal justice system.

No one understands the intricacies of the criminal justice system better than a defense lawyer. Even if you’ve been through the system before or believe you have a strong understanding of how everything works, the nature of criminal cases is incredibly complicated. At Magaña & Van Dyke, we take pride in the fact that we walk our clients through every step of the process, explaining what they can expect and answering any questions.

2. Defense attorneys have a relationship with other prosecutors.

While it may be easy to assume that defense attorneys and prosecutors are strict adversaries, they actually work together quite often. If your attorney has a positive relationship with other prosecutors, it can dramatically improve the chances of you receiving a more favorable result.

3. They can manage expectations.

Everyone who works on our team genuinely cares about their clients. Therefore, we never want clients to feel blindsided by an unexpected outcome. After reviewing the details of a client’s case, we’ll discuss the potential outcomes they could face before working tirelessly to help them receive a favorable outcome.

4. They have years of experience with similar cases.

Our Magaña & Van Dyke criminal attorneys have over 20 years of combined experience in the justice system. With a strong focus on criminal law, we have years of experience handling cases ranging from first-time DWI offenses to violent crimes.

Magaña & Van Dyke will take the time to get to know you and learn about your circumstances. Schedule a free consultation by calling us at 940-382-1976 or contacting us online.

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