Can I Defend Myself Against a Motion to Revoke My Probation in Texas?

Posted on in Criminal Law

b2ap3_thumbnail_shutterstock_227599924.jpgAfter being charged with a crime in Texas, some offenders will be released under a period of supervision called probation. Probation is used to ensure that a person previously sentenced for a crime is following the law. A probation officer is assigned to an individual to monitor his or her progress after incarceration or probation may be used as an alternative to incarceration for a crime. When that individual fails to maintain the probation order and breaks the law, the state of Texas can make a motion to revoke the probation. However, individuals who feel they had their probation revoked unjustly may have a case to defend themselves and maintain their probationary period. 

Reasons Probation May Be Revoked

If an individual violates their probation, the state of Texas will file to have the probation removed. The process is done by filing a formal document called the Motion to Revoke Probation, which includes the incident that led to the revocation. Typically, any law-breaking activity can result in a loss of probation. Some of the most common reasons probation is revoked include:

  • Failure to pass a drug test

  • Being arrested for another crime

  • Failure to respond or report to the assigned probation officer

  • Failure to complete required community service

  • Failure to complete state-required classes (drug abuse, driving course, etc.)

When an individual is found engaging in illegal activity during his or her probationary period, the state needs much less proof to charge the individual and revoke the probation. Where most criminal sentencing requires abundant evidence and a jury, a Motion to Revoke Probation can be granted on little proof, including word-of-mouth testimony. Once the motion has been filed by the state, the court may give the defendant a court date to appear in front of a judge or put out a warrant for his or her arrest.

How a Lawyer Can Help Defend You

If you feel that you have been unjustly accused of violating your probation, a lawyer can help you. There are a variety of ways that a lawyer can create a strong defense considering only a small amount of evidence is required to file a Motion to Revoke Probation. Some common defenses that a lawyer may use are:

  • Helping to find alternatives to a jail sentence that may be more rehabilitative than prison

  • Using witness testimony that can prove the defendant was not violating his or her probation

  • Offering contradicting evidence that the defendant was not in violation

  • Crafting a disposition prior to the defendant’s hearing that will allow for extended probation rather than jail time 

Find a San Antonio Criminal Defense Attorney 

If you are looking for a strong defense against a Motion to Revoke Probation hearing, the Law Offices of Sam H. Lock is here to help you. Our San Antonio criminal defense attorney Sam H. Lock has years of experience defending clients in a variety of different criminal defense cases. He has special experience working directly with individuals fighting against the revocation of their probation. To speak with our attorney, call 210-226-0965 today to schedule a free consultation. 

 

Source(s):

http://caldwellcscd.org/index_files/Page342.htm 

https://www.tdcj.texas.gov/bpp/revocation/revocation.html

 

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