Probation Revocations

What To Expect If Your Probation Is Revoked

If the state of Texas has filed a Motion to Adjudicate Guilt or a Motion to Revoke Probation in your case, then you need to hire a lawyer to handle your revocation proceeding. At Sutton Milam & Fanning in Waco, we are here to skillfully guide you through every step.

First let us explain the difference between these two motions. A Motion to Adjudicate Guilt (MTAG) is the proper motion to revoke your community supervision if it was a deferred probation. A Motion to Revoke Probation is what they should have filed if you are on regular probation.

Don't Throw In The Towel And Give Up - It's Not Over Yet

If your goal is "to be continued" on probation, then the most important thing you need to do is to keep abiding by all the terms and conditions of your probation. Keep reporting. Keep doing your community service. Get caught up on all your payments. And of course, no weed.

The worst thing you can do is adopt the attitude of, "Screw it! I'm already revoked anyway." Remember, you are not yet revoked. The state has filed a motion and wants you to be revoked, but until the judge says it, you are still on probation. So make our job easier and handle your business as such.

You're Facing One Of Four Possible Outcomes

There are four basic possible outcomes for someone facing a probation violation charge:

First, it is possible that the state can completely withdraw their motion. In this case, a probationer simply continues his or her probation like a motion was never filed. This is generally the result of either prosecutors becoming convinced that they have filed the motion in error or that they simply will be unable to prove the violation that they have alleged. Or perhaps the violation is so small that some corrective action on the probationer's part is enough to satisfy the state without having the need to take it in front of the judge.

Second, a probationer can insist upon a contested hearing. This is similar to a trial in that there will be witnesses called, but different in that there will be no jury. And whether you are guilty of the original charge is of no consequence. Here, it only matters whether the state can prove to a preponderance of the evidence (a considerably lower burden of proof than beyond a reasonable doubt) whether the probationer violated at least one condition of his probation.

If the probationer prevails at the hearing, obviously the motion will have been defeated and the probationer simply resumes probation as if the motion had never been filed. If the state proves its case, however, and the judge finds that the probationer has indeed committed the alleged violation, then the judge is free to set the punishment as he or she sees fit as long as it falls within the statutory range of punishment.

Third, pursuant to a plea agreement or an open plea to the judge, the probationer could be sanctioned and then left on probation. The term you will hear us use is "continued on probation." The spectrum of possible sanctions is limited only by the collective imaginations of the defense attorney, the prosecutor and the probation officer.

Some of the more common sanctions are jail time, increased fines, additional community service hours, counseling or various classes. In felony cases, Substance Abuse Felony Punishment (SAFP), Intermediate Sanctions Facility (ISF) and TDC Restitution Centers are also possible means by which the judge can dole out some punishment before continuing a defendant on probation. Folks do receive prison time credit for the lock-down portions of each of these programs.

Fourth, your probation may be revoked and you may be sentenced to jail or prison. To read about different ways in which a misdemeanor jail sentence may be served, check out our McLennan County Jail page. To read about parole on a felony parole sentence, check out our Parole page.

Schedule A Free Consultation

Don't wait to call Sutton Milam & Fanning at 254-633-3048 to set up a free consultation with one of our defense lawyers today. You can also email us.