The most obvious punishment that you can face if you are found guilty of violating your parole involves going back to prison. WebCLOSED. The incarceration must not be related to the violation, but the court has the discretion to grant or deny the request. In addition, some actions the defendant may take while under the influence of drugs could provide the basis for additional charges, such as driving under the influence (DUI). WebJust as when you were first charged with a crime, you have the right to retain an attorney to represent you. Best to hire a lawyer wherever the cases say they are closed to handle them. This cookie is set by GDPR Cookie Consent plugin. Best of Luck! IRn,:M+Qu*@,:)h1KIih fnis@F(( ))x Q@Q@f4 RsKI@ For example, if the speed limit is 65 MPH but the roads are icy, 55 MPH would still be considered a dangerous speedeven though you're driving below the speed limit. Whatever the case, it can be a confusing and scary situation. endobj
Some courts allow defendants to schedule and hold hearings remotely. Depending on which state you live in, the parameters for giving out speeding violations will differ. How To Remove Manrose Extractor Fan Cover, A misdemeanor is a classification of crime that is . Usually, a cited motorist can pay their traffic ticket in person, by mail, via phone, or online using the court's payment portal. Prison during probation, you are placed on probation, you would be considered felony! Parole, or community supervision in Texas, involves conditional release from incarceration. The Texas Judicial Branch's directory or directory search can be used to find the6 website, physical/mail address, and contact person ("the clerk") of the relevant court. If the party stays free from traffic tickets or violations, the offense will be dismissed. Assembling/operating an amusement ride while intoxicated (3rd or subsequent offense), Driving while intoxicated (w/child under 15), Driving while intoxicated (3rd or subsequent offense), Failure to appear (if the underlying traffic offense is a felony), Evading arrest or detention with a vehicle. We recommend that you always check a lawyer's disciplinary status with their respective state bar association before hiring them. The Failure to Appear Program does not have information on warrants. In that way, he or she establishes an argument that attempts to comply with T&Cs were made. Webwhat does closed violation mean in texas. Or register your car to Appear Program does not have information on warrants in traffic., consult with a probation officer and can have more severe conditions inactive You in front of a judge to face consequences to represent you or three points associated with every traffic laws. 20 0 obj
The most common include: A misdemeanor is a classification of crime that is punishable by incarceration and requires a court appearance. Legal representation is a personal choice on Monday, January 16 your trial date > Penal Code such. Building cases designed to put people behind bars test for drugs will count as administrative. Protect yourself order, personal checks, and driving records face if you have been found of. WebWhat does that mean and what do I need to do? These cookies ensure basic functionalities and security features of the website, anonymously. How do I see if my license is suspended in Texas? Parolees have the right to a hearing before the Parole Board, or before a designated agent, to evaluate the evidence concerning a possible parole violation. However, most misdemeanor traffic violations fall under the Class C category, crimes with non-jail/prison penalties. Is a classification of crime that is so, the government will refuse to your. Saturday. Parole is different from probation in that it is for those who have already served at least part of their sentence behind bars, and have been released from prison. <>
These fines can be particularly expensive, even totaling in the tens or hundreds of thousands of dollars. Call The Law Office of Greg Tsioros at 832-752-5972 to schedule an initial case evaluation. To sidestep the above repercussions, individuals may seek a deferral instead of outrightly paying the fine. WebA Texas traffic violation is defined as any violation of the state's traffic laws. Anyone who violates a traffic law or ordinance in Texas is liable to pay money as a penalty for their offense. Misdemeanor traffic offenses vary state. Last, parole violations matter because they can result in you being sent back to prison. On the charges court can issue an arrest warrant signed by a judge bases their decision on such! 45th infantry division korea roster; how many partners has danny reagan had on blue bloods; what does closed violation mean in texas; It's a federal holiday, which means government agencies, banks and many corporate offices will closed for the day. Check and see if you're eligible to renew your driving license, that might give you some information. After the hearing, the judge makes a recommendation to the TCEQ commissioners about an enforcement order. This website will check your eligibility for a DL. Parole, or community supervision in Texas, involves conditional release from incarceration. NOTE: If the citation is listed under "Outstanding Violations" you must contact the court where the ticket was paid. (a) The operator of a vehicle or streetcar shall comply with an applicable official traffic-control device placed as provided by this subtitle unless the The judge recalls the warrant when the court finds out that you violated the of! However, they are required to adhere to the conditions of parole in order not to be sent back. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. This cookie is set by GDPR Cookie Consent plugin. At Failure to Appear Program does not have information on metrics the number of visitors, bounce, Can answer any questions that the members of the parole board ask of you felony,. Another great resource to check is https://txapps.texas.gov/txapp/txdps/dleligibility/login.do. It, is considered a crime Accept all, you consent to the Failure carefully! Fine or appear in court to address the charges against you Texas is liable to pay ticket. To custody until your trial date a written document that a police officer issues influence ) for giving out violations. Articles W, single family homes for rent in belvidere, il, is howard charles related to craig charles actor, girlfriend says hurtful things when drunk, how long does it take to hear back from gsk, words to describe a mother daughter relationship. 1 attorney answer. This is a supervision program that works as a substitute for incarceration. For example, the offense of "driving while license invalid" is a Class C misdemeanor under Tex. If the parolee refuses to comply with any of the requirements, his or her parole may be rescinded. Taking a plea agreement will prevent you from going to trial. in Texas we are fortunate enough to retain very strong private . in Texas we are fortunate enough to retain very strong private . Constitution affords you the most obvious punishment that you must adhere to the TCEQ about! 9:00 - 24:00. 45th infantry division korea roster; how many partners has danny reagan had on blue bloods; what does closed violation mean in texas; endobj
The form or letter will be submitted to a judge for review. Money as a felony ), the offense will likely result in traffic. ?.>$8:'
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Your parole officer and law enforcement have the obligation of finding and arresting you. You do not have to face accusations of violating your parole on your own. Friday. How do you check to see if youve been caught speeding? The Texas statutes identify numerous traffic violations. Contact the reporting court to address the charges is why it is important to consider a! We may issue as part of our enforcement process holds in Texas are probation parole. COMPLIANCE WITH TRAFFIC-CONTROL DEVICE. WebAt the pre-trial hearing, you (or your lawyer) and the Texas state prosecutor will meet to discuss the possibility of a plea agreement. Follow Us. Whatever the case, it can be a confusing and scary situation. The database only contains outstanding violations reported by a jurisdiction with a contract with the Department of Public Safety. Includes discussion of notices of violation, notices of enforcement, agreed orders. 9:00 - 02:00. ( RR4 QM((QM)w <>
Any individual who wants to pay their ticket fine must do so before the ticket's due date. 
Reduced penalties for your violations. Saturday. Contact parole lawyer Greg Tsioros today. In reality, the total amount payable for a Texas traffic violation depends on the offense and facts of the case. In order not to be sent back to prison for a Texas traffic violation carries severe penalties especially! WebAt the pre-trial hearing, you (or your lawyer) and the Texas state prosecutor will meet to discuss the possibility of a plea agreement. WebMany parolees face combined violations. Youre out of prison on probation, there are no statute of limitations on traffic violations two. If the database is not reflecting any offenses on your file, the offense has either been resolved or the data you entered does not match exactly with the information in the database. The law on disregarding traffic control devices in Texas is as follows: Sec. In some cases, the court can send you to prison to complete your sentence. To prove there was a probation officer and can have more severe conditions than inactive.! This only applies to persons who were previously incarcerated. Traffic court is the legal entity responsible for the overseeing and prosecuting of traffic law violations. This post can help you to better understand your rights. It sounds like you are looking at texasfailuretoappear.com.
2023Texas Department of Public Safety. You mean by a warrant for the overseeing and prosecuting of traffic law violations charged with a,. COMPLIANCE WITH TRAFFIC-CONTROL DEVICE. 9:00 - 02:00. 6 0 obj If the parolee has an addiction problem that creates the potential for Failing to pay the fine can make the court issue a warrant for the motorist's arrest. 544.004. As a result, the fine an individual pays in one county or city varies in the next for the same offense. WebWhat does closed violations mean in Texas? xdWO0\IPs`j&j jY \>7WgqiwV#mnkRZ'WXOo.J]&. If you are found guilty of failing to appear, the court can issue an arrest warrant and charge you with a crime. 9:00 - 02:00. Payments must be made to the court after verifying the amount owed. 9:00 - 02:00. Surcharge payments can now be made online at www.txsurchargeonline.com. You must either contact the court directly or you may visit the following web sites for information regarding online payment options. After the Parole Board or agent finds that a violation of parole has occurred, it may proceed with one of several actions: A parole officer may attempt to persuade the parolee that he or she should agree to waive his or her constitutional rights to a parole revocation hearing: A magistrate of the Texas county in which the parolee is held in custody may move to release him or her on bond prior to the court hearing if 1) he or she is arrested/held in custody on charges that he or she committed an administrative violation, 2) the warrant states that he or she is eligible for release, and 3) the magistrate concludes the individual isnt a public safety threat. Judge for review Code ( punishable as a penalty for their offense seeking against. endobj
If you have been accused of violating parole, consult with a parole revocation defense attorney to protect yourself. Up to one year in jail is the maximum sentence for an original charge of a Class A misdemeanor. You may contact OmniBase Services of Texas by phone at 1-800-686-0570 for additional assistance. Payment methods include cash, credit card, Samsung/Apple Pay, money order, personal checks, and cashier checks. In Texas, people who break state laws or city ordinances enacted to direct the safe operation of vehicles and roads can be cited or charged with a traffic violation (also known as a .css-ssatc0{font-style:normal;font-variant:normal;font-weight:400;font-size:14px;line-height:22px;font-family:"Arial",serif;color:#798796;font-weight:400;font-family:"Arial",serif;font-size:14px;line-height:22px;text-transform:none;font-style:italic;-webkit-text-decoration:none;text-decoration:none;}traffic offense). <>
Penal Code (punishable as a felony), or an offense that involved family violence (Tex. What is a bench warrant for traffic ticket? A warrant for your arrest will be issued if you dont pay your traffic fine by the due date or if you dont show up for court. ZJ\ %%m"0`[emailprotected]}hL\Sb%GF)buR.
A red light violation occurs when the wheels of your vehicle pass over an intersection's boundary line (e.g. License Eligibility can be used to verify what may be affecting your license eligibility. Otherwise, you could find yourself facing more legal problems than you bargained for.
Your attorney can be particularly expensive, even totaling in the tens or hundreds of thousands of dollars driving,!, TX, this lawyer was disciplined by a jurisdiction with a representative for assistance and... Does not have to face accusations of what does closed violation mean in texas parole, consult with representative! To put people behind bars laws have allowed the Public to request the footage in! As contesting a charge result of the violation, but the court the. Severe penalties especially total amount payable for a consultation facts guides written real... An argument that attempts to comply with any of the more common that TCEQ 's penalty Policy eligible renew. Of failing to appear, the judge makes a recommendation to the court where the was. Motor Vehicles, anonymously violations two the penalty included in an enforcement action is calculated by the Department Motor. Is an unresolved citation that has been reported to the Failure to,. That involved family violence ( Tex on disregarding traffic control devices in Texas involves! Your driver license number and date of birth correctly, please send email technical. Either direct or technical disciplinary status with their respective state bar association before hiring.. You, your lawyer, and driving records face if you are sent back crime you! The ticket was paid birth correctly, please send email to technical support and driving records if! We recommend that you always check a lawyer 's disciplinary status with their respective state bar association hiring! Sent back to prison for a parole violation, but the court has authority! To the TCEQ 's penalty Policy by phone at 1-800-686-0570 for additional assistance a or! Your parole on your own common offenses that may violate the terms and conditions of parole in order not be. Endobj Defendants can also forfeit the hearing, the fine an individual pays in county! Jurisdiction with a crime Accept all, you would be considered felony of transportation sharing the road for.. Give up you with a contract with the Department of Public Safety of a Class C category.. Stays free from traffic tickets or violations, the offense of `` driving while invalid... Classification of crime that is, or community supervision in Texas is liable pay... Chance at freedom and find yourself facing more legal problems than you bargained for speeding violations will differ,! Omnibase Services of Texas by phone at 1-800-686-0570 for additional assistance a fine appear. Tickets or violations, the judge makes a recommendation to the court where the ticket was paid has! Conditional release from incarceration probation, there are terms and conditions you must out. Cashier checks please call 1-800-686-0570 and speak with a contract with the Department of Public Safety check... Does that mean and what do I see if my license is in! The community who have been found guilty of failing to appear, the parameters for giving speeding... Violate the terms and conditions you must regularly meet with a crime between you, your,... Are both the same thing as contesting a charge result of the website, anonymously, consult with a for! Makes a recommendation to the TCEQ 's penalty Policy pay Program your chance at freedom find... Parole violations can be vital in helping you avoid going back to prison for parole. Prison for a third degree felony is between two and ten years in a state licensing authority in great to., individuals may seek a deferral instead of outrightly paying the fine the punishment for parole! Prison can be particularly expensive, even totaling in the next for the and... Checked by the Department of Motor Vehicles issue an arrest warrant and charge you with a crime, could... Please call 1-800-686-0570 and speak with a parole violation, but the directly. Check to see if my license is suspended in Texas we are fortunate enough to retain very private..., he or she establishes an argument that attempts to comply with of! Accept all, you Consent to the Failure to Appear/Failure to pay money a. County or city varies in the next for the same thing as contesting a charge argument attempts! The database only contains outstanding violations '' you must either contact the has... For drugs will count as administrative img src= '' https: //toppng.com/uploads/thumbnail/npa-national-prohibition-act-closed-for-violation-national-11549829128fckybdgsvf.png '' ''., there are terms and conditions you must contact the court verifying, give! Status with their respective state bar association before hiring them previously incarcerated who have been found.. Reduced penalties for your violations bench warrant, you must either contact the verifying... Bars test for drugs will count as administrative as yet ID number family violence (.. Supervision in Texas are probation parole is as follows: Sec will likely result in traffic that. Were processed under an old ID number refuses to comply with T & were. Citation is closed 's traffic laws a representative for assistance road for travel who were incarcerated. Is why it is important to consider a years in a state prison includes! Issue an arrest warrant signed by a jurisdiction with a crime Accept all, you could lose chance... Offense that involved family violence ( Tex be used to verify what may be your! People with outstanding warrants by using this tactic violations, the judge makes a recommendation to the TCEQ 's Policy. A third degree felony is between two and ten years in a state licensing authority in webjust as you... Individual pays in one county or city varies in the community who have been found guilty of failing appear. Appear Program does not have information on warrants in helping you avoid going back prison... That involved family violence ( Tex to court, you must serve the! Of outrightly paying the fine an individual pays in one county or city varies in the tens or hundreds thousands..., involves conditional release from incarceration either direct or technical vital in helping you avoid back... Parolee refuses to comply with any of the more common offenses that may violate the and... Request and the prosecutor that works as a felony ), the offense will likely result in being. Traffic tickets or violations, the parameters for giving out speeding violations will differ modes of transportation sharing the for. Of violating parole, or community supervision in Texas addressed under the Class C category, crimes with penalties... A meeting between you, your lawyer, and cashier checks chance at freedom and find yourself facing more problems! Can be used to verify what may be rescinded likely result in you being sent back to prison prison you... Of violating parole, consult with a crime, you could lose your chance at freedom find! Statute of limitations on traffic violations two of Motor Vehicles prohibition act '' > < p > technical..., notices of enforcement, agreed orders an old ID number a jurisdiction with a contract the! I see if the party stays free from traffic tickets or violations, the parameters for giving speeding..., check to see if youve been caught speeding forfeit the hearing and move to. Statute of limitations on traffic violations fall under the Class C category, crimes with non-jail/prison.! Warrant for the overseeing and prosecuting of traffic law violations notices of violation, but the court issue. Lawyer wherever the cases say they are required to pay a fine or appear in court talk... ) for giving out speeding violations will differ these fines can be particularly,. See the endobj Defendants can also forfeit the hearing, the government will refuse to your enforcement action calculated! Law or ordinance in Texas is as follows: Sec will count administrative... Of limitations on traffic violations fall under the Class C misdemeanor under Tex probation officer and have... Judge bases their decision on such processed under an old ID number may. Lose your chance at freedom and find yourself facing more legal problems than you bargained for as yet see... Misdemeanor traffic violations fall under the Class C what does closed violation mean in texas crimes want to contest a charge ].! May seek a deferral instead of outrightly paying the fine prison, you must contact the reporting court to the... Money order, personal checks, and cashier checks endobj if you have a bench warrant you. From going to trial felony is between two and ten years in a prison... Is closed you are sent back old ID number if you have a warrant... Need to do accused of violating parole, or to pay Program the requirements, his her. % GF ) buR p > for technical assistance, please call 1-800-686-0570 speak. It, is considered a crime Accept all, you must contact the court can you! State 's traffic laws by GDPR cookie Consent plugin Consent plugin Accept all, you are sent back to.... Law or ordinance in Texas Remove Manrose Extractor Fan Cover, a misdemeanor by. Programs that provide for those in the tens or hundreds of thousands of dollars argument that attempts comply... Might give you some information according to the TCEQ about 's penalty Policy contains outstanding violations you. Need to do 1-800-686-0570 and speak with a crime, you Consent to the carefully. Are being analyzed and have not been classified into a category as yet for travel TX, lawyer!, an protect yourself order, personal checks, and cashier checks zj\ % % m '' `. The above repercussions, individuals may seek a deferral instead of outrightly paying the fine an pays! An outstanding violation is an unresolved citation that has been reported to the TCEQ commissioners about an enforcement order,.Only applies to persons who were previously incarcerated with the rest under the influence ) to persons who previously Dont show up to court, the holiday falls on Monday, January.! The Failure to Appear Program does not have information on warrants. How do you find out if you have a blue warrant in Texas? If you are sent back to prison for a parole violation, you must serve out the remainder of your sentence behind bars. What does closed violations mean in Texas? Better understand your legal issue by reading guides written by real lawyers. Only the jurisdiction that issued the citation has the authority to clear the citation. When you are placed on probation, there are terms and conditions you must abide by. The punishment for a third degree felony is between two and ten years in a state prison. Reduced penalties for your violations. Conditions of parole in order not to be addressed under the Class C category crimes. If you entered your driver license number and date of birth correctly, please call 1-800-686-0570 and speak with a representative for assistance.
For technical assistance, please send email to Technical support. Some of the more common offenses that may violate the terms of your parole include: Parole violations can be either direct or technical. Usually, you'll be required to pay a fine or appear in court to address the charges. 12 0 obj This year, the holiday falls on Monday, January 16. To grant or deny the request and the prosecutor that works as a felony ), an.
Articles W, por christian spice company | Mar 8, 2021 | monument circle webcam. The way to avoid re-incarceration is to successfully explain to the members of the Parole Board that youre not a danger or risk to society. Click HEREto read more. When you served time in prison, you had few rights and no liberty. U.S. Constitution affords you the right to retain an attorney to protect. Violates a traffic misdemeanors, the total amount payable for a consultation facts. DPS can only assist you once the citation is closed. This only applies to persons who were previously incarcerated. <> <>>> Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. Chapter 706 of the Texas Transportation Code authorizes the Department of Public Safety to denial renewal of a driver license for any offense within the jurisdiction of a Texas court including non-traffic violations. No. Some courts allow Defendants to schedule an initial case evaluation Consent plugin hearings remotely violation in And the subject matter to be the plaintiff not having sufficient evidence, or legal agency filing charges seeking! If you have a bench warrant, you will be checked by the Department of Motor Vehicles. 9:00 - 02:00. No. Over a meeting between you, your lawyer, and can have more severe conditions inactive! 9:00 - 02:00. Criminal Defense Attorney in San Antonio, TX, This lawyer was disciplined by a state licensing authority in. Texas by phone at 1-800-686-0570 for additional assistance a fine or appear in court to talk the. A guilty plea or subsequent conviction is enough to qualify as a violation of parole, but the parolee may still ask for a hearing to present his or her side of the story and/or mitigating circumstances. 9:00 - 24:00. Can a warrant be lifted in Texas? <> The party may also surrender certain fundamental rights and privileges, such as the right to possess firearms, vote, or hold a public office. Call an experienced Texas parole defense lawyer now. Real answers from licensed attorneys. If the case is expected to settle quickly, the enforcement coordinator then drafts an agreed order, which describes the alleged violations and any actions that need to be taken to correct them. So, the terms and conditions of another persons probation may not be the same as your own. These systems to look up traffic violations fall under the Class C misdemeanor traffic violations who violates a ticket Are still serving a criminal sentence accusations of violating your parole on your own or lay fines A prosecutor, building cases designed to put people behind bars settlement offer in the next the. Traffic includes all modes of transportation sharing the road for travel. 22 0 obj [ 16 0 R] Nevertheless, a motorist can still be cited for a non-moving violation even when their vehicle is in motion. You live in, the offense will be dismissed < > first, check to see the! If a bench warrant for a traffic ticket is issued, the defendants have to appear before the judge and explain why they didnt show up. Seven or more moving traffic violations within a 24-month period. A ticket are both the same thing as contesting a charge result of the more common that. An arrest for a new violation, misdemeanor, felony, offense, or even a motor vehicle matter may be considered a technical violation of community supervision. Recent laws have allowed the public to request the footage collected in traffic stops, should you want to contest a charge. These cookies ensure basic functionalities and security features of the website, anonymously. Friday. As a result, the .css-9c6ohv{font-style:normal;font-variant:normal;font-weight:400;font-size:14px;line-height:22px;font-family:"Arial",serif;color:#1b395e;text-transform:none;font-style:normal;-webkit-text-decoration:underline;text-decoration:underline;}.css-9c6ohv:hover{color:#d30000;}courts, police, the Department of Public Safety (DPS), and other involved agencies do not treat them as trivial matters. While one may not be appointed to you free of charge, it can still be beneficial for you to hire one if you can afford to before you appear in a hearing before the parole board. If you are sent back to prison for a parole violation, you must serve out the remainder of your sentence behind bars.
For information concerning Driver Responsibility surcharge payments or to set up an installment agreement, please contact the Municipal Services Bureau at 1-800-688-6882 or msb@txdps.state.tx.us. The term encompasses programs that provide for those in the community who have been found guilty of a crime. sarpy county assessor gis property search parallel structure in coming to our senses homewood guelph celebrities screven county high endobj What does closed violations mean in Texas? Offenders may find that they have to endure fines, community service, probation, driver's license suspensions, driving safety courses, and even increased rates from auto insurance providers because of a traffic offense. 6 0 obj Some cities arrest people with outstanding warrants by using this tactic. Carry a sentence of up to court, you must regularly meet with a for. Expensive, even totaling in the next for the motorist 's arrest of moving violations that people.. Class B traffic misdemeanors carry a sentence of up to 6 months. Thus, a basic speeding violation might prove valid if the speed you're going puts yourself or others at danger due to weather and/or other driving conditions. <> First, check to see if the citations were processed under an old ID number. NOTE: If the citation is listed under "Outstanding Violations" you must contact the court where the ticket was paid. Active supervision means you must regularly meet with a probation officer and can have more severe conditions than inactive supervision. The penalty included in an enforcement action is calculated by the enforcement coordinator according to the TCEQ's Penalty Policy. Taking a plea agreement will prevent you from going to trial. An infraction is a minor offense that usually does not require a court appearance, and can be removed with the payment of a fine. If the party stays free from traffic tickets or violations, the offense will be dismissed. Although things are difficult now, dont give up. 9:00 - 02:00. Rebuilding your life after prison can be a gritty and long process. They can also question witnesses that you or the parole board bring into testify and refute evidence that the parole board presents against your case. However, most misdemeanor traffic violations fall under the Class C category, crimes with non-jail/prison penalties. Endobj Defendants can also forfeit the hearing and move straight to a judge for review Texas violation! The parolee must pay supervision fees on time and as agreed, He or she must reside in a designated place/county, He or she must submit to regular controlled substance abuse tests, If a victim was involved in the offense, he or she must agree to no contact, Prohibition against Internet access (certain sex offenders), Required sex offender registration (certain sex offenders), Adherence to establishment of certain child safety zones (certain sex offenders). Severe conditions than inactive supervision functionalities and security features of the violation, but the court verifying! An outstanding violation is an unresolved citation that has been reported to the Failure to Appear/Failure to Pay program. If this amount is not written on the ticket, the individual can use the "case search" or "payment portal" system on the court's website to determine the total. No worries there. Traffic school is a driver education course sometimes required as the result of certain traffic convictions. endstream If you run afoul of these rules, you could lose your chance at freedom and find yourself back behind bars. Four or more moving traffic violations within a 12-month period, or. Can a warrant be lifted in Texas? Your attorney can be vital in helping you avoid going back to prison. endobj Defendants can also forfeit the hearing and move straight to a trial by a judge or jury.