A Texas probation revocation motion is a very serious problem for anyone who is on probation in Texas. Thousands of Texans are placed on probation each year in felony or misdemeanor cases. Probation is a sentence handed down by a court as an alternative to imprisonment. It allows a person to serve their sentence while living in the community, under the supervision of a probation officer. However, if a person on probation violates the terms of their probation, it can be revoked, and the person can be sent to prison.
There are several grounds on which a Texas probation revocation motion can be filed which can cause the probation to be revoked, including:
- Committing a new criminal offense: If a person on probation is arrested and charged with a new criminal offense, their probation can be revoked.
- Failing to comply with the conditions of probation: If a person on probation fails to comply with the conditions of probation, such as failing to report to their probation officer or failing to pay fines, their probation can be revoked.
- Testing positive for drugs or alcohol: If a person on probation is subject to drug or alcohol testing and tests positive, their probation can be revoked.
- Failing to complete court-ordered treatment or education programs: If a person on probation is ordered to complete a treatment or education program and fails to do so, their probation can be revoked.
If a probation officer or the state has reason to believe that a person on probation has violated the terms of their probation, they can file a motion to revoke probation with the court. The person on probation will then be notified of the motion and a hearing will be scheduled.
At the revocation hearing, the person on probation has the right to be represented by an attorney, to present evidence, and to cross-examine witnesses. The judge will then decide whether or not to revoke probation, based on the evidence presented.
If the judge finds that the person on probation has violated the terms of their probation, they can revoke probation and the person can be sentenced to serve a sentence in prison. If the person is on deferred probation, they can be sentenced anywhere from the minimum and up to the maximum in the range of punishment for the particular crime they are on probation for.
It’s important to note that in Texas, revocation of probation is not automatic and must be proven by a preponderance of evidence. There are also many alternatives for punishment other than prison time. An experienced criminal attorney knows how to fight a Texas revocation motion and may be able to come up with settlement other than prison time. A person facing a probation revocation should contact a criminal attorney right away.