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Motion to Revoke Probation

Threatened With a Motion To Revoke Probation?

The San Antonio lawyers at Rush & Gransee have represented individuals in motion to revoke hearings (MTRs) in all of the criminal courts in Bexar County as well as many counties throughout Texas. The attorneys at Rush & Gransee will develop a strategic defensive plan based upon your specific circumstances to get you the best result possible.

If you believe that a motion to revoke your probation is going to be filed or has been filed contact us immediately. Do not wait until you are arrested. If we are contacted while the MTR is pending but prior to arrest, we can often suggest ways in which you can limit to some extent your downside risk. We will often walk into court with our clients to turn them in to the court when an MTR is pending. This shows the court some good faith on your part, indicating that you are not fleeing, and more importantly it increases the odds that we will be able to get a reasonable bond set.

You will nearly always get a bond on a motion to revoke when you are on deferred adjudication. If you are on regular probation and you turn yourself into the court with a lawyer, the court will normally set a bond immediately and you will get out quickly. However, if you wait until you are arrested and you are on regular probation, many courts will instruct the sheriff to remand you without bond. This will result in your incarceration until a lawyer can convince the judge to set a bond.

It is absolutely necessary that you report to your probation officer even after a positive urinalysis, new arrest, failing to pay fees or any of the other reasons that MTRs are filed. Failing to report to probation is an independent reason for an MTR to be issued and failing to report is very easy for the state to prove. If you do report to your probation officer, it is important that you realize that admitting to committing a new crime or using drugs or alcohol will be treated as any admission and can be used against you at the hearing.

If you believe that you have an MTR and do not want to appear at your scheduled hearing because you fear that you will be arrested and there will be no bond set, contact the criminal law lawyers at Rush & Gransee, and we can check the your warrant status and arrange to turn you into the court.

The motion to revoke will be filed in the papers with the court. The motion to revoke is a formal document setting out exactly when, where, and how probation was allegedly violated. The motion to revoke will be reviewed by your lawyer to determine whether there are any possible defenses and whether the state is going to be able to prove the allegations. One defense that is often overlooked is when the state fails to file the motion to revoke with the court and have the warrant issued prior to the term of probation expiring. Also, the inability to pay is a defense for failing to pay court costs etc.; however, you need to provide evidence of the inability to pay and not just make a bald assertion. There are other defenses to a motion to revoke that need to be evaluated in each case and presented forcefully.

Every defendant's motion to revoke is different and each has to be evaluated based upon the facts, the defendant's circumstances, and what the prosecutor or judge is offering in the negotiation process. Sometimes, setting the MTR for a contested hearing will force the prosecutor to review his or her position resulting in a much better offer. In other circumstances, it is advantageous to obtain numerous continuances so that a defendant can complete whatever the probation officer alleges is deficient. Upon completion of any deficiency such as courses or community service hours, it may be possible to get the MTR withdrawn or if a hearing is necessary it is likely the judge will look more favorably on the defendant if all the probationer's requirements have been met.

In a recent case, we represented a defendant who was on felony deferred adjudication for a drug case and a MTR was issued based upon a new drug charge. We set the MTR for a contested hearing and filed numerous motions contesting the arrest and search of the defendant and his apartment. Ultimately, the state agreed to dismiss the new felony charge and continue the defendant on deferred adjudication as long as the defendant spent a few days in the county jail while on work release. This saved the client from a felony indictment on a new criminal case as well as potentially having his deferred adjudication being revoked.

Contact Rush & Gransee if you want experienced representation in defending you or a loved in a motion to revoke probation.