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WHAT IS A MOTION TO REVOKE PROBATION?
If the probation officer in your misdemeanor or felony case believes that you have failed to follow the rules of your probation, he submits the information to the prosecutor. The prosecutor may then file a motion to revoke your probation (or deferred adjudication) and request that the judge send you to jail or prison.
After a motion is filed, the judge will issue a summons for you to appear in court or will issue a warrant for your arrest.
If you find out that a motion to revoke has been filed in your case, you need to hire a qualified Fort Worth probation violation lawyer right away. An experienced attorney can offer defenses and alternatives to the judge so that you can avoid a jail or prison sentence.
DEFENSES AGAINST COMMON MOTIONS TO REVOKE PROBATION
In a probation violation case you are not entitled to a jury trial. Only the judge can determine whether to revoke your probation or not. The same judge who placed you on probation will decide your probation violation case.
It is important for your probation attorney to provide the judge with good reasons why you should not go to jail or prison. Some common causes for the revocation of probation, and some possible defenses or alternatives are presented below:
Alleged Violation
Defenses/Alternatives
Committing a new crime
An experienced attorney will work hard to prove that you did not commit the alleged crime
Failure to attend an alcohol, drug, or anger management program
Failure to report to a probation officer
Failure to pay the court fine and court costs
You were prevented from attending a court-ordered program or reporting to your probation officer by circumstances beyond your control
You do not have sufficient net income to pay your fine and court costs
Failure to perform community service hours
You were physically unable to complete your community service hours or had transportation problems
You are willing to perform additional community service hours to avoid going to prison
Failure of a drug test
As a last resort, you are willing to enroll in an in-patient alcohol or drug treatment program instead of going to prison
Justin was my lawyer for a case I had with Tarrant County. He was very responsive, professional, and helped us sooo much! I ended up having everything dismissed. Definitely highly recommend!
- Payton R.
I cannot say enough good things about this law firm! They took care of me and immediately started working my case. They knew exactly what to do as soon as I told them my story.
- Alana B.
DON'T IGNORE A MOTION TO REVOKE PROBATION
Ignoring a motion to revoke your probation will not make the motion go away, and the longer you wait, the worse it will get. If you wait too long, the judge will not be as receptive to alternatives that do not involve a jail or prison sentence.
Additionally, if the motion to revoke is granted and you are sent to jail or prison, you will have a conviction on your record that will be visible to employers and others. An employer faced with two equally qualified persons will always hire the one with a clean record over the one with a conviction.
Choosing a highly qualified Fort Worth criminal defense lawyer is the first step in the right direction. By hiring Justin Sparks, former Tarrant County Assistant District Attorney, you are one step ahead of the rest. Justin offers a free consultation. He will analyze your case at no cost to you.
If you have been accused of violating your probation, do not ignore the issue! Make sure you have an experienced attorney who can work with you to ensure your probation is not revoked. Justin has served the citizens of Dallas/Fort Worth in unique cases for over 12 years.