MTR (Motion to Revoke)
Motions To Revoke
In many cases, a client’s probation may face a motion to revoke, which could potentially send them back to jail due to violations of the terms of probation. We are experienced in contesting these motions and attempting to keep our clients out of jail.
Reasons for Probation Violation
There are many reasons for probation violation, including:
- Not reporting to a probation officer
- Failure to complete DUI/drug classes
- Failure to complete community service
- Buying a gun
- Violating a restraining order
- Failing a drug test
- Committing a criminal action
Revocation of Probation or Parole
You may not have the right to be bonded out of prison if arrested on a probation violation. A probation violation is a serious offense in Texas and could incur significant penalties.
If there is an MTR out on your behalf, you will have a trial within 21 days of violating your probation if you are put in prison.
The trial will not have a jury. Your MTR trial will be held in front of a judge.
If you were placed on probation before, then you could only serve as much probation as you served time in prison. If you violate probation, you could get the maximum range of punishment. For example, if you serve two years in prison on a second-degree felony followed by two years’ probation, but then committed a violation of that probation, you could get up to 20 years in prison.
Preponderance of the Evidence
During the trial, a conviction relies on preponderance of the evidence. Preponderance of the evidence does not require an allegation to be proven beyond a reasonable doubt.
Preponderance of the evidence relies on possible truth and not actual truth. For instance, let’s say there was one written testimony with reasonable evidence that you had violated probation. This written testimony may be worth more than 10 witnesses that might not think you violated your probation.
How to Avoid an MTR
Communicate with your probation officer. If you are sick or unable to make any of the requirements of your probation, tell your probation officer.
If you have committed a real violation of your probation, do not contact your probation officer first. Contact a criminal defense attorney to advise you on what to do.
If you violate probation and tell your probation officer, they may issue an MTR and testify against you in court. A criminal defense attorney can prepare a strategy that could work toward helping you stay out of prison.
Contact LaHood Law if you have an MTR and live in the greater San Antonio area. Our team can help build a defense that can help you.