If you are on probation for a criminal offense in Texas and you violate your probation or community supervision you will likely face a Motion to Revoke Probation.
Your supervision official or the State may ask the court to revoke your probation if there is reasonable cause for them to believe that there was a violation of your probation condition or the regulations.
This is a serious action and could result in jail or prison time if proven.
It’s a formal document filed by the State of Texas against an individual who is sentenced to probation or community supervision. It details when, where, and how a probation/community supervision violation or violations took place. A Motion to Revoke Probation is serious and could mean jail or prison time for any proven probation violation.
The court may:
- Issue a summons directing the defendant to appear before the judge on a specified date and time of their own volition; or
- Issue a warrant for arrest to bring the defendant into custody.
The motion to revoke will outline details as to how, when, and where a probation violation or other violations occurred.
Violations That Can Lead To A Motion To Revoke:
The most common probation and community supervision violations may include that You:
- Committed a new criminal offense (or offenses).
- Failed to report to the supervision officer as directed when you were able to report and could have reported.
- Used a controlled substance or narcotic and failed urinalysis.
- Failed to pay:
- Restitution
- Court Costs
- Drug Testing Fees
- Community Supervision Fees
- Other
- Failed to:
- Attend Alcoholics Anonymous AA as directed
- Attend Narcotics Anonymous NA as directed
- File to obtain an alcohol or drug evaluation
- Perform community service as directed.
- Obtain or complete:
- Drug treatment
- Drug aftercare treatment
- Psychological evaluation and/or counseling
- GED completion
If your probation is revoked, you can be facing sentencing up to the full length of your original probation which could include jail time.
If you are arrested on a felony motion to revoke probation, unless it is a deferred adjudication, you are not entitled to be able to be released on bond.
You could sit in the county jail until the motion to revoke is heard by the Court.
You are not entitled to a jury trial.
It is up to the Judge in your case as to whether or not to revoke your probation and they can sentence you to county jail or even prison.
What Can My Attorney Do For Me?
An experienced attorney will:
- Fight to get you released on bond to get you out of jail. Your ability to get a bond may depend on:
- How many times you’ve violated probation.
- What you did to get into trouble.
- The terms of your probation.
- Help you get back into compliance with your probation terms.
- Meet with the Probation official.
- Meet with the Prosecuting Attorney.
- Force the state to prove the allegation.
- Arrange for a probation violation arrangement and hearing before the Court, usually on the same day to make the process move quicker.
- Work out a disposition before that probation violation arraignment and hearing. This would allow a faster release back onto probation of some variety.
- Prepare you for the hearing. It may be necessary for you to testify it may necessary for you to testify. You also may be asked to make a statement to the court regarding the court’s decision.
- Bring forth witnesses at that hearing to counter evidence or testimony given by the probation officer and any witnesses for the prosecution.
- Argue viable alternatives to sending you to jail or prison that would be more beneficial to your rehabilitation.
- Try to make the Judge see that, while you may have messed up your second chance, you are trying to be rehabilitated.
- At your hearing ask your judge to make a finding on the record as to which conditions were violated.
I’m Facing A Motion To Revoke Probation
If you suspect a Motion to Revoke or have been given notice that a motion has been filed against you, you should contact an Abilene probation attorney immediately.
Usually turning yourself in with the assistance of an attorney shows the Court a good faith effort on your part to help resolve the issue.
Blizzard and Zimmerman Attorneys can do a thorough review of your case and offer you advice on your case.
The range of punishment will depend on the offense for which you are on probation and the terms of that probation. The consequences of a motion to revoke are very serious. You need an experienced criminal defense attorney to aggressively fight for you to avoid these severe consequences and protect your freedom.
How Can I Fight a Motion to Revoke?
Remember the State must prove the allegations against you.
You should hire an attorney who has extensive experience contesting motions to revoke probation and who can defend your rights.
The criminal defense lawyers of Blizzard and Zimmerman Attorneys represent persons in probation revocation hearings across the greater Abilene area. Contact us today.
