If you or a loved one is going through probation or community supervision and have found out that the State of Texas has filed a motion to revoke probation or to enter an adjudication of guilt, you need to speak to a criminal defense attorney so you can protect your freedom. Every probation revocation starts with this step, and it can be the result of several violations. Some of these include but may not be limited to:
- Committing a new offense.
- Failing a drug test.
- Not completing any required drug or DWI classes.
- Not completing the required amount of community service.
A probation violation has to be proven with any related evidence, but it doesn’t have to be beyond a reasonable doubt. It’s a much lower standard than many other criminal cases in the State of Texas, and only the judge has to present. Probation revocation hearings don’t require the presence of a jury.
Possible Consequences for a Motion to Revoke Probation
Following the terms of your probation can be challenging. But if you’re not able to meet them, the judge can revoke it. Many people think of probation as a proverbial “get out of jail free” card, because they don’t have to do their time while being locked up. But if you step out of line even once, you could face the maximum penalty for your crime. The consequences of a probation revocation in the State of Texas will depend on the type of probation, which will be either a deferred adjudication or a “straight” probation.
A deferred adjudication results in the suspension of your sentence until you have completed your probation, while a straight probation means that you have already been adjudicated and has placed you on probation. If you have already been adjudicated and have been put on straight probation, you have no pending charges. But if you violate any of its terms, he or she could impose your original sentence. A deferred adjudication means that the judge has not adjudicated you. So if you face a motion to revoke probation, you could face the maximum available sentence.
If your probation officer determines that you have violated the terms of your probation, this person can either give you a warning or start the process of a probation revocation. But it’s always up to the probation officer. If a motion to revoke probation has been filed, a warrant will be issued for your arrest.
A Qualified Criminal Defense Lawyer in Corpus Christi!
If you’re facing a motion to revoke probation, you should never go it alone. A criminal defense attorney will give you the best chance of keeping your freedom, and the Gale Law Group has a team of people who can help you. We have years of combined experience in defending many types of criminal cases, which is why we’re among the most qualified in the Coastal Bend. If you want to find the best criminal defense attorney in Corpus Christi, get in touch with us today!