Probation Revocation

Probation Revocation Attorney San Antonio TX

Understanding Texas Motion to Revoke Probation (MTR) Laws

In the State of Texas if you are in violation of your probation a motion will be filed with the courts called a “Motion to Revoke Probation” or MTR, which will eliminate your probationary period and enforce the remainder of your correctional sentence.

According to statistics gathered by the American Probation and Parole Association, only 60 percent of adults successfully complete the terms of their probation. Probation has been notoriously difficult to complete in San Antonio.

A 2008 report published by the Texas Department of Criminal Justice found that felony probation revocation rates rocketed up at a rate of 80 percent between 2005 and 2007 at the same time that the rates were falling steeply in other major counties including Harris, Dallas, El Paso and Travis.

Common Grounds for Breaking Probation

Probation violations can occur based on a number of different grounds. For example, you may have been found in possession of drugs, or maybe you failed a drug or alcohol test. Perhaps you failed to complete a court-ordered substance abuse treatment program, maybe you have not fully paid all of your court fees, or perhaps you refused to comply with chemical substance testing.

If you are on probation after a conviction for assault or domestic violence, you may have been served with a restraining order, and maybe you are now being accused of violating this order. You could also be charged with a probation violation after forgetting to notify your probation officer of the fact that you have moved.

Reliable Probation Legal Counsel

When you are being prosecuted for a crime at a trial, you cannot be convicted unless the district attorney succeeds in proving your guilt beyond a reasonable doubt. The standard of proof at a probation violation hearing is lower: All that is necessary is to demonstrate your guilt by a preponderance of the evidence. Fortunately, you can hire a San Antonio criminal defense attorney to represent you at the hearing and to seek to clear your name.

There could be many valid reasons why you were unable to pay your fees or to make it to your scheduled meetings, and there is also the possibility that the drug or alcohol test you took was flawed. Your attorney will work to place the burden of proof on the state and to make a compelling argument for why you deserve to remain on probation rather than being sent to jail or prison.