1. A Motion to Revoke Probation is what is filed when you are on straight or regular probation.
2. A Motion to Adjudicate Guilt is what is filed when you are on Deferred Adjudication.
3. These documents are prepared by the probation department and signed by the judge. These motions list the terms of your probation and the ways in which you violated them. Once signed, a warrant issues for you arrest. You may or may not have a bond set at this time. You may have to first go thru the jail then appear in court to request a bond.
4. The purpose is for you to appear before the judge so that he or she can make a decision to either, keep you on probation, modify your probation, or revoke your probation. If revoked, you are subject to being jailed.
5. Hopefully, an agreement with the prosecutor, probation officer and or judge can be reached whereby you stay on probation. Alternatively, the judge may make you an offer. If you decide that you do not like that offer, you can have a hearing and present evidence, witnesses, and explanations to the judge. Remember, your hearing is before the same judge that made you an offer you didn’t like. Because of that dynamic, you should prepare evidence and witnesses that have not already been presented to the judge in the attempt to change the judges opinion.
6. When your case began you had the right to a trial by jury who would have faced the burden of beyond a reasonable doubt. Now, your hearing is before the judge only and the evidence standard is preponderance of evidence. In other words, its much easier to be revoked than it is to be found guilty at trial.
Waller County Probation Violation Attorney Andy Nolen has practiced law in Harri County and elsewhere in Texas for 20 years. He has fought for over 3000 clients and had hundreds of cases dismissed. Andy Nolen handles Motions to Revoke Probation on a regular basis and has successfully kept many people from going to jail.
Negotiating with the court, preparing clients to testify in court, assembling evidence and fighting your case at a hearing are some of the ways Andy Nolen will help you. Waller County Probation Violation Attorney can access your case online and discuss your particular situation. Call Hempstead Criminal Lawyer Andy Nolen now for a free consultation at 713-697-4373.