MOTIONS TO REVOKE PROBATION

After being placed on probation (called "community supervision" in statutes), the prosecuting attorney may file a "motion to revoke" probation, alleging that the probationer violated the conditions of probation. Probationers often wrongly assume that a probation officer can "revoke" them. Revocation can occur only after a motion has been filed, served on the probationer, and after the probationer has had an opportunity to defend himself against the allegations in the motion. The government is then required to prove the probationer violated the conditions of his probation. No jury trial will occur; this hearing is before the sentencing judge. The proof requirement is a "preponderance", meaning it is more likely than not that the violation happened. If an MTR is filed against you, contact our office immediately.

(This page is designed by David Volk, Attorney at law, to offer an overview of Texas law. Do not rely on it for legal advice. Every case is different depending on the facts and circumstances surrounding the arrest. If you have been arrested, we recommend that you consult with a licensed attorney to discuss the specifics of your case.)