Motion to Revoke Probation

Motion to Revoke Probation

Hi, I'm Charlie Roadman, Austin criminal defense attorney and today I want to talk about motions to revoke probation.

So first, what is an MTRP? It is when a probation officer, a judge or a prosecutor is basically accusing you of not complying with your probation terms, your community supervision terms. Now common reasons for this are they catch you drinking alcohol or using drugs, or there's a new arrest, or you don't show up for your probation meetings, or you're not doing the counseling that you're supposed to do. Those are the most common.

Now it can lead to a warrant or a summons. Now, the most common thing is a warrant. That's when the judge just says, "Yeah, put a warrant out for this person." A summons is when they're not as mad at you, but they want to talk with you. And so a summons will be like a court date. So that's for just mild sort of cases. Generally, a warrant will happen if they file this motion to revoke probation.

Common questions. Can you fight it? Yes, you're allowed to have a hearing on whether you violated the probation or not but the judge is the one that determines whether you did. And the burden is the preponderance of the evidence, meaning if the judge believes 51% you violated the terms of your probation, they're allowed to revoke your probation and sentence you to either jail or prison or whichever is hanging over your head based on your charge.

Now, can an attorney get a warrant recalled on a motion to revoke probation? Sometimes. Okay, so basically we talk to the judge and the prosecutor and try to convince them that, "Hey, we don't need a warrant. We can do a summons and we just need to talk with the person." So, that's what an attorney will do. They'll try to go resolve this without you going to jail. Sometimes the judge will agree and other times they'll say, "Nope, they've got to go get arrested and then we'll talk."

Now the possible outcomes. There are really only two. One, that you're continued on probation, meaning the judge, they're going to let you stay on probation, they usually add some extra things. You got to do more classes or do this or extend your probation, or there's all sorts of ... A judge can almost do anything to keep you on probation, to continue you. The other thing that could happen is you get revoked and you're off of probation and they sentence you to jail or prison, depending on what you're on probation for. I don't really know what's hanging over your head, but those are the two options. You're either continued or you get revoked. The attorney will help negotiate and get the best possible outcome.

If you have any questions, give us a call. I hope this helps you understand motions to revoke probation.