A Motion to Revoke Probation is 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 violation or violations took place. A Motion to Revoke Probation is serious and could mean jail or prison time for any proven probation violation.
A probation officer or the State may request the court revoke probation if there is reasonable cause to believe there was a violation of any written conditions or regulations of probation. Once there is a Motion to Revoke Probation on file, 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.
How is a Motion to Revoke Probation Different than Other Criminal Proceedings?
A Motion to Revoke Probation hearing is much different than a standard criminal trial. There are fewer rights allowed a defendant, including:
- No right to a jury of one’s peers
- A lower burden of proof than in a trial
- Hearsay is permissible, meaning the probation officer can repeat what others “told” him or her
What are the Most Common Probation Violations Leading to a Motion to Revoke?
The most common violations causing a Motion to Revoke Probation are the following:
- Commission of a new offense
- Failure of a drug test
- Failure to report to the assigned probation officer
- Failure to complete community service
- Failure to complete court-ordered substance abuse classes
How Can a Strong Defense Attorney Make a Difference in a Motion to Revoke?
Defendants facing a Motion to Revoke Probation have the right to a strong San Antonio criminal defense attorney. A defense. A defense attorney can aid a defendant in the following ways:
- By arranging for a probation violation arraignment and hearing to occur on the same day, making the process faster
- Working out a disposition before the probation violation arraignment and hearing, allowing a quicker release back onto probation of some kind
- Offering witnesses to contradict testimony or evidence given by the probation officer and any prosecution witnesses
- Arguing viable alternatives to jail or prison that would be more beneficial to the defendant’s rehabilitation
What to Do If You are Facing a Motion to Revoke Probation
Every Motion to Revoke Probation is different as no defendant’s living, working, and conditions of probation are exactly alike. If you suspect a Motion to Revoke Probation is filed against you, contact a San Antonio probation attorney immediately. Turning yourself in with the help of an attorney shows a good faith effort on your part to resolve the matter.
A strong attorney like those at Hoelscher Gebbia Cepeda, PLLC, can thoroughly review your case and offer you personalized advice regarding your case. At Hoelscher Gebbia Cepeda, PLLC, we represent individuals in probation revocation hearings throughout the greater San Antonio area. Let us work to achieve the best results possible for you.
Discuss your case with a skilled, competent criminal defense attorney today. Call Hoelscher Gebbia Cepeda, PLLC.