Following the conditions of your probation may sometimes be difficult. If you do not meet the conditions, a judge may revoke your probation. Thus, if you are on probation, it is important to learn about the ramifications of probation revocation in Texas and how you may be able to defend yourself.
In simple terms, a “Motion to Revoke Probation” (MTR) is a motion filed by the State of Texas against an individual who is sentenced to probation or community supervision. If the State successfully argues their motion, your probation could be revoked and you may be subject to jail or prison time. Fortunately, you have rights as a defendant that a lawyer can help you properly execute. Contact San Antonio criminal defense lawyer Sophia Martinez today for help developing a strategic defense so that you have the best possible chance of not having your probation revoked.
What Is a Motion to Revoke Probation?
If you are on probation in Texas and commit a violation of any rule or condition of probation set by the court, the prosecutor may file a motion to revoke your probation. If revoked, you may be sentenced to up to the full amount of your original probation length. For example, if you initially faced five years in prison, on a felony, but received five years on probation instead, you may face that original five-year prison term. Some examples of violations may include the following:
- Positive drug screens
- Failure to complete community service, classes or counseling
- Allegations of new criminal charges
- Failure to pay fees
- Missed appointments with probation
It is important to note that probation violations do not have to be proven beyond a reasonable doubt but rather by a preponderance of the evidence, which is a lower standard. The burden of proof is met under the preponderance standard if the prosecutor convinces the judge that there is a greater than 50% chance that the claim is true. Beyond a reasonable doubt, on the other hand, means that the evidence must be so strong or so convincing that no reasonable person could question the defendant’s guilt.
Probation violation cases are hearings held in front of a judge with no jury present. The unique nature of probation revocation hearings calls for representation by a lawyer experienced in these specific matters. San Antonio probation lawyer Sophia Martinez is here to provide compassionate assistance and aggressive defense strategies.
How Can I Fight a Motion to Revoke?
Fortunately, you have options when faced with a motion to revoke probation. If you have been advised that your probation is being revoked or if you have been in revocation status for a while, it is important that you secure the help of a San Antonio probation lawyer as soon as possible. Sophia Martinez is that attorney who will be able to help you navigate the motion to revoke probation process, assist you in turning yourself in on the probation warrant and request a bond amount, if applicable.
Even with a lower standard of proof, you are still allowed the opportunity to present defenses. For instance, there may be flaws in the District Attorney’s case or holes in the witness’s story. Sophia Martinez will attack these weaknesses to fight the allegations. Likewise, she may be able to negotiate an agreement with the DA which includes adjusting the length of the probation term, the fine, the completion of counseling or other programs or curriculums which may allow you to remain on probation and avoid jail or prison time.
Threatened with a Motion to Revoke Probation? Turn to an Experienced San Antonio Probation Lawyer Today
When you are facing the criminal justice system and your freedom is on the line, you cannot afford the risk of unqualified representation. Attorney Sophia Martinez will be able to protect your rights and provide the strong defense you need. As a former prosecutor and a current criminal defense attorney, Sophia has over 25 years of experience handling cases like yours. Give our law firm a call at (210) 226-3000 or complete our online contact form for a free consultation today.