Motion to Revoke Probation
Motion to Revoke Probation Defense
If you have a motion to revoke probation, you probably have a thousand questions racing through your mind. What can I do now? What is the process? Will I go back to jail?
You need experienced Austin probation revocation attorneys who understand the Travis County court system inside and out. We zealously represent your rights throughout this process and answer all the questions you have along the way.
Our team has a combined 30+ years of experience helping people charged with probation revocation issues in Austin. We will tell you what to expect and how to improve the chances of getting the best result. Having experienced attorneys can make the difference between getting your case dismissed or being convicted.
What is Probation?
Probation allows people who have been charged with certain crimes to remain active in their community and as a functioning member of society. It enables them to stay close to their families and continue their employment. Upon granting probation, a judge outlines the conditions the defendant must comply with during this period. Violating any of these stipulations can lead to a probation revocation.
What is the Motion to Revoke Probation?
In Texas, when a person on probation violates the conditions of probation, the court will file a 'motion to revoke probation'. The Judge will review the allegations and, if they agree the terms of the probation likely have been violated, issue a warrant.
The most common probation violations that lead to a Motion to Revoke Probation are:
A new arrest/charge
Failing a drug test
Failing to report to assigned probation officer (absconding)
Not completing court-ordered classes and counseling
What happens during a Motion to Revoke Probation hearing?
A probation violation hearing is similar to a trial. The prosecutor will present evidence about the violation(s), but you and your attorney will have a chance to counter these allegations.
The probation hearing will not cover the issues involved with the underlying crime; no new evidence or facts about the original charge will be presented. The Judge will decide if you violated the terms of your probation.
Defenses during a Motion to Revoke Probation hearing
Many probation revocations in Travis County can be resolved by convincing the Judge that you will resume your probation and comply with the conditions in the future. The Judge may require additional counseling, or extend your probation, or add new conditions. The goal, of course, is to convince the Judge to "Continue" your probation, instead of sending you to jail/prison.
Will there always be a formal hearing?
No. The vast majority of probation revocation issues are resolved by a criminal defense attorney negotiating with the Judge. Usually some type of agreement can be reached without a formal hearing.
Hire The Law Office Of Charlie Roadman For Your Motion To Revoke Probation Hearing
Violating your community supervision terms can lead to severe repercussions, including jail time. It is very important to have criminal defense attorney by your side during a motion to revoke probation process.
WHEN SHOULD I HIRE AN ATTORNEY?
Immediately. An attorney should be working on your case right away. We want to talk to witnesses as soon as possible and protect any evidence that will help the case. Hiring an attorney is also a good way to alleviate the stress and anxiety that comes with being arrested.
CAN A MOTION TO REVOKE CHARGE BE DISMISSED?
Yes, but it depends on the circumstances of the probation violation and what you are willing to do while the revocation is pending. We have negotiated hundreds of good results on probation violations in Travis County using our knowledge and experience of what works in Austin. In order to help us get the best result, we will create a customized Action Plan for you.
ONE OF MY FRIENDS/FAMILY WAS ARRESTED FOR a probation violation. WILL THEY GET OUT OF JAIL AUTOMATICALLY?
No. A probation violation jail release must be approved by the Judge that is monitoring the probation. This Judge can only be approached by an attorney. We are happy to talk with the Judge. HERE IS MORE INFO ON JAIL RELEASES.