What Exactly is a Motion to Revoke Probation?

 Posted on May 28, 2024 in Criminal Law

San Antonio criminal defense lawyerIn Texas, probation (community supervision) is a common alternative to incarceration for individuals convicted of certain crimes. However, when a person fails to comply with the terms of their probation, they may face a Motion to Revoke Probation (MTR). A Texas lawyer can help you understand an MTR, how it works, and what you can expect if you find yourself in this situation.

Make Sure You Understand Probation in Texas

Probation is a form of criminal sentencing that allows a person to remain in the community under the supervision of a probation officer. In Texas, probation can be granted for misdemeanors and felonies, with terms lasting from six months to ten years. Probationers must adhere to specific conditions, such as regularly reporting to their probation officer, maintaining employment, and refraining from drug and alcohol use.

What is a Motion to Revoke Probation?

A Motion to Revoke Probation is a legal action filed by the State of Texas when a probationer is accused of violating one or more terms of their probation. Common violations include:

  • Failing to report to the probation officer
  • Testing positive for drugs or alcohol
  • Committing a new offense
  • Failing to pay fines or restitution
  • Not completing required community service or treatment programs

Once an MTR is filed, the court will issue a warrant for the probationer’s arrest and schedule a hearing.

The Motion to Revoke Probation Hearing

At the MTR hearing, the State must prove by a preponderance of the evidence that the probationer violated the terms of their probation. This means that the State must show it is more likely than not that the violation occurred. The probationer has the right to be represented by an attorney, present evidence, and cross-examine witnesses.

If the court finds that the probationer did violate their probation, the judge has several options:

  • Continue the probation with modified conditions
  • Extend the probationary period
  • Revoke the probation and sentence the individual to jail or prison

Possible Outcomes of a Motion to Revoke Probation

The outcome of an MTR depends on various factors, such as the nature and severity of the violation, the probationer’s criminal history, and their progress on probation. In some cases, the court may give the probationer another chance by modifying the terms of their probation or extending the probationary period.

However, if the violation is severe or the probationer has a history of noncompliance, the court may revoke the probation entirely. In this case, the individual will be sentenced to jail or prison for the remainder of their original sentence.

Defending Against a Motion to Revoke Probation

If you are facing an MTR, working with a criminal defense attorney in Texas is in your best interest. Your attorney can help you navigate the legal process, gather evidence to support your case and negotiate with the prosecutor for a favorable outcome. In some cases, your attorney may be able to challenge the alleged violation or present mitigating factors to persuade the court to continue your probation.

Contact a San Antonio, TX Criminal Defense Attorney

A Motion to Revoke Probation is a serious matter that can have significant consequences for your freedom and future. By understanding how MTRs work and working closely with a San Antonio, TX criminal defense lawyer, you can protect your rights and work towards the best possible outcome in your case. Call Law Offices of Sam H. Lock at 210-226-0965 for a private consultation.

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Bexar County

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San Antonio, Texas 78210