If you’ve violated your probation you may have a warrant for your arrest. You can call 210-920-1281, 24/7 to check for a warrant. A probation violation can quickly turn into a criminal conviction with lifelong consequences. A simple violation can extend the duration of your probation term, or at worst land you in jail or prison.
How Probation Works
In most criminal cases, the judge can grant two types of supervision:
Direct probation may be granted in lieu of jail time after you are convicted, either by pleading guilty or a jury finding.
Deferred adjudication allows you to keep a conviction off your permanent record by successfully completing probation.
When placed on supervision, you agree to abide by certain terms and conditions. If you violate the terms or conditions the State can file a motion to revoke your probation.
If your probation officer has alleged that you violated a technical or substantive part of your probation then the probation officer can file an affidavit asking the State to file a Motion to Revoke Probation (MTR) or a Motion to Adjudicate.
These motions for probation revocation or adjudication will list all the ways you violated or were not compliant with the terms and conditions of your probation.
Once the MTR is filed, the judge will issue a warrant for your arrest. You will not be notified of this warrant.
Common Probation Violations
Some common probation violations include:
- Committing a new criminal offense
- Failing a drug test
- Having a high blow or high BRAC on your ignition interlock,
Smart Start, Soberlink, or SCRAM monitor; or skipping tests; or getting locked out and not submitting a new sample
- Failing to report as scheduled to probation
- Not completing required classes, counseling, or community service
What Happens at an MTR Hearing?
In a hearing on a Motion to Revoke Probation the burden of proof is lower than it is in a normal criminal trial. The State only has to prove the allegations of noncompliance by a preponderance of the evidence.
Furthermore, probation revocation hearings take place in front of the judge, not a jury. If the judge finds that you violated your probation, then the court can sentence you to the maximum sentence that could have originally be imposed for that offense.
What Happens If I Violate My Probation?
Best case scenario, I can set a hearing before you have been arrested on the new warrant, convince the judge to recall the warrant, and continue you on probation. I can also negotiate additional terms and conditions if that’s what it takes to keep you out of jail or prison.
Even in the toughest situations, I will work to limit the negative, serious, and sometimes life-altering consequences you are facing.