Motion to Revoke Probation in Texas

Probation may be a sentence handed down by a judge in court and is meant to be a second chance for the offender.  A part of serving probation is following certain guidelines which may include meeting with a probation officer, attending rehabilitation meetings, fines, court fees and/or community service.  The terms are different for each case, but one thing is the same.  ALL of the terms must be followed, or the probation is considered to be in violation and the case can end up back in court for resentencing.  This is called a motion to revoke probation, or a MTR/MTRP, and an experienced criminal defense attorney can help.

In Texas, there are limited rights in a MTR case.  The accused is entitled to a hearing, but this time there will be no jury trial and the court does not have to prove within a reasonable doubt that the probation was violated.  Instead, the court looks at the “preponderance of evidence”, or POTE, which means they look at the truth of the evidence and not the amount.  One negative claim can change the sentencing completely.

The simple truth is that probation is not for everyone.  Some offenders find it easier to stick with the original sentencing even if that includes jail or prison time.  Regardless, we have laws for a reason and punishments for those who choose to not follow those laws.  If the probation is violated, whatever the circumstances may be, contact a lawyer immediately.  A criminal defense lawyer can explain the ins and outs of a motion to revoke probation case.

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