If someone is out on probation, certain conditions are attached by the court. Some of these include reporting to a probation officer as required, paying any outstanding court costs and fines associated with the offense, and submitting to a drug test on demand.
For those on probation, any of these violations is considered a criminal offense and could result in a motion to revoke probation. In these cases, you must be in contact with a probation violation attorney at Carter Law. This is important to protect your freedom and your rights.
What is a Motion to Revoke Probation?
A motion to revoke (MTR) is a tool that prosecutors use to ensure that those who are out on probation meet the conditions of their release. The defendant could be sent to jail or prison for the original crime when probation is revoked.
A motion to revoke should not be taken lightly. This is a severe action on behalf of prosecutors, and if you do not fight back, you could spend time incarcerated. At Carter Law, we have been helping defendants accused of probation violations for over two decades.
Types of Probation in Texas
If you are out on probation, specific rules must be followed. These rules are a condition of your release. Probation violations are considered a serious offense, even if you think the violation is not serious. Some of the most common types of probation violations include:
- Failing a drug or alcohol test
- Failing to appear for required community service
- Failing to attend required probation officer meetings
- Carrying a firearm
- Being identified as committing a crime
- Skipping required court hearings
- Failing to pay times in a timely manner
- Failing to notify the court and probation officer of address changes
Some of these violations do not appear to be a serious offense. However, when you are on probation, they could be sufficient to revoke your probation.
Fighting a Motion to Revoke Probation
At Carter Law, we understand that facing probation violations is stressful. We are also aware of its negative impact on your life. Thanks to our years of experience, we can present you with several options to avoid more serious consequences, including:
- Plea bargains — in some cases, we may be able to work with the prosecutor and reach an agreement, which could include modifying, terminating, or continuing your probation. In these cases, the state may withdraw the motion if we can agree on additional conditions of probation, agree to a plea of fact with no jail time, or other conditions.
- Open plea — in these cases, we would agree to allow the court to determine what conditions to impose. In these cases, we would not contest any probation violations, but we would ask the court to use mitigating factors in determining appropriate penalties.
- Contested probation violation hearing — in this case, the state would be required to introduce witnesses and evidence showing that the probation revocation motion was valid. This is often a smart option since some violations would not have a witness or may be based on less-than-accurate evidence.
Carter Law will meet with you and discuss the probation violations you are accused of, and together, we will decide which option is best for your circumstances. Regardless of whether the offense is serious or not, you cannot afford to take this lightly, as it can impact your entire life.
Know Your Rights to Revoking Probation Violation with Carter Law
Even when you are on probation, you have certain rights. While it is imperative that you meet the terms of your probation, this should not mean your rights are to be violated. If you are facing a probation violation offense, contact Carter Law by calling 713-454-9890 or using our online contact form and let us help you fight back against a motion to revoke your probation.
Image credit: Joyseulay / Shutterstock