You may find the special conditions of your probation (also known as “community supervision”) to be challenging to maintain. Still, if you fail to meet these circumstances, a judge could have your probation revoked entirely. If you are on probation in San Antonio, it is essential to learn about the ramifications of probation revocation in Texas and how you may be able to defend yourself from an accusation of violating your probationary terms.
If you or someone you care about has been accused of violating their probation, your freedom and future are at risk. Don’t fight these accusations without the help of a skilled probation defense lawyer. Sophia C. Martinez helps San Antonians accused of violating their probation develop a strategic defense for their cases.
When you partner with Sophia Martinez Law, Sophia will work vigorously to provide you with the best possible chance of keeping your probation from revocation. Attorney Sophia Martinez is passionate about criminal defense litigation and will handle your case personally. She doesn’t want to see you behind bars just as much as you don’t want to be behind bars.
What is a Motion to Revoke Probation in San Antonio?
In simple terms, a “Motion to Revoke Probation” (MTR) is a motion filed by the State of Texas against an individual who has been sentenced to probation or community supervision. Sometimes referred to as a Motion to Adjudicate, these motions will include a list of ways they believe you failed to meet the conditions of your probation. Should the State of Texas succeed with its motion, the accused individual’s probation could be rescinded, subjecting them to time in jail or prison.
If you have a motion to revoke your probation, you need an experienced probation lawyer to defend your case. Without an effective defense, the State will have a greater chance of successfully arguing their motion and placing you behind bars.
What Could Cause a Motion to Revoke Your Probation in San Antonio?
If you are on probation in San Antonio and violate 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 entire term of your original probation length. For instance, if you initially faced five years in prison on a felony but received five years on probation instead, you will face that original five-year prison term.
A few examples of actions that could violate your probation in San Antonio include:
- Committing a new criminal offense
- Failing to pay fines, court costs, or restitution
- Failure to complete community service, classes, or counseling
- Missing meetings with your probation officer
- Moving without permission
- Testing positive on a drug test or violating your ignition interlock device
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. This means that if the prosecutor convinces the judge that there is at least a 50% chance that the claim is valid, you will be found guilty of violating your probation. Beyond a reasonable doubt, on the other hand, means that the evidence must be so strong or convincing that no reasonable person could question the defendant’s guilt. Fortunately, you have options to defend your case and seek the justice you deserve.
How Can You Fight a Motion to Revoke Your Probation in San Antonio?
Receiving a motion to revoke your probation is a serious matter in San Antonio. Thankfully, even with a lower standard of proof, you are still allowed the opportunity to present defenses to your case.
There could be flaws in the District Attorney’s case against you or holes in the witness’s story that a probation lawyer can use to defend your situation. Attorney Sophia C. Martinez can pinpoint any weaknesses in the allegations against you and use them to your advantage.
Probation violation cases are hearings held in front of a judge without the presence of a jury. Due to the unique nature of these hearings, you will need representation by a lawyer who has previous experience with these matters. San Antonio probation lawyer Sophia Martinez can provide the compassionate assistance and aggressive strategies you need for your probation defense.
Can a San Antonio Probation Lawyer Negotiate the Terms of Your Probation?
Depending on the circumstances surrounding your unique case, Sophia Martinez may also be able to negotiate an agreement with the District Attorney that could adjust your probationary terms. Terms that could be eligible for adjustment include:
- The length of your probation term
- The fines you owe
- Completion of counseling or other programs or curriculums which could allow you to remain on probation and evade jail or prison time
Attorney Sophia Martinez has the skills and experience required to negotiate more favorable terms of your probation or help you come into compliance so that your probation may be reinstated.
Contact an Experienced San Antonio Probation Lawyer Today
Do not wait for a warrant to have you picked up. If you have been advised that your probation is being revoked or if you have been in revocation status for a while, secure the help of San Antonio probation lawyer Sophia C. Martinez as soon as possible. No other probation lawyer in the San Antonio area will be able to help you navigate the motion to revoke process with the same combination of compassionate and aggressive defense as Attorney Sophia Martinez.
When you are facing the criminal justice system and your freedom is on the line, you cannot afford the risk of unqualified representation. Sophia Martinez Law 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 San Antonio probation cases just like yours. Give our law firm a call at (210) 226-3000 or complete our contact form for a free consultation today.
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