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Texas criminal defense attorneysWhen you are on probation for a crime, especially with time already served, you will want to do anything to avoid any additional penalties or jail time. Despite this fact, no matter your most valiant efforts, you might end up finding yourself on the other end of a motion to revoke probation (MTR) issued by your probation officer. This is part of the reason why you must always be on such good behavior if on probation. Yet, if you deviate even to the slightest degree and do something illegal, you could be faced with an MTR. 

A Brief Overview of Motions to Revoke Probations in Texas

A motion to revoke probation will generally be filed when you commit any crime under the supervision of a probation officer. In general, the probation supervisor makes the decision to file this motion based on behavior the officers observe themselves or note from others, be it police or other witnesses to the crime(s). It is easy to forget that even though you are on probation and in the real world, you are still not entirely a free individual as your behavior seems like it is held to a higher standard than most average civilians, especially since your behaviors and actions are being documented by a probation supervisor often. 

Possible Complications in the Texas Motion to Revoke Probation Process

As is the case with most legal situations, there is often something or a few things that make your case particularly complex or complicated, requiring the assistance of an especially knowledgeable, talented, and experienced lawyer. Possible complexities for your lawyer to deal with during your motion to revoke probation case are:

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Why Do Some DWI Defendants Choose Jail Over Probation?A first-time conviction for driving while intoxicated often does not include any jail time for the offender. Texas law does not require jail for a first-time offense, and courts prefer to give probation. However, some people choose to serve jail time instead of accepting the conditions of probation. Why would a defendant reject the chance to avoid jail time? For some, it is a matter of cost, hassle, and the duration of probation.

Hassle

There are several conditions to being on probation, and violating them may result in you going to jail. People on probation for a DWI conviction often must:

  • Regularly report to a probation officer;
  • Abstain from drinking alcohol;
  • Submit to random alcohol breath tests;
  • Install an ignition interlock device on their vehicles;
  • Attend counseling or classes;
  • Perform community service; and
  • Remain in their county of residence, unless they receive court permission.

Some people find these conditions too prohibitive or fear that they will not be able to comply. They would rather serve time in jail and be free of these conditions once they are released.

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San Antonio, Texas 78210
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Seguin, Texas 78155
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