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What Is a Motion to Revoke Probation?

When you are placed on probation, the court places a number of conditions on your status. If any of these conditions are broken or violated, the court may file a motion to revoke probation.

Understanding Motion to Revoke Probation

When a person is placed on probation or community supervision there are certain conditions given to them. It’s a laundry list of conditions, starting with condition number one which is basically don’t break the law, don’t pick up any new charges. Condition number 2, 3, 4, 5, they involve reporting to probation monthly, staying drug-free and alcohol-free, paying your money, doing your community service. All of these things apply.

If any of those conditions are violated in the duration of probation, a violation report is generated which is literally just a heads up from probation to the DA’s office that says “Hey district attorney, this person’s violated their probation by violating this condition number or numbers” if it’s multiple violations. The DA will then sign off on it, present it to the court and say “Judge we would like a warrant to issue to this person because they have violated probation,” the judge will review it and say “Yes, let’s issue a warrant and let’s have a hearing on it” or “Let’s discuss it.” A motion to revoke probation (MTR) is now generated.

How a Motion to Revoke Probation Works

Many times motions to revoke probation are remanded without bond. The judge says “I want to hear from somebody” and has to get an attorney about what’s going on with the case before I consider setting a bond. Some judges in this county will not set a bond. Other judges pre set a bond and say “You know what, I just want the person to bond out and I want to have him come to court, and let’s talk about what these violations are.”

How Ramos Del Cueto Handles a Motion to Revoke Probation

Our firm, from the inception, gets a copy of the violation report, meets with you, and begins to decide or determine a strategy on how we’re going to approach these violations. Because many times there are explanations for them.

Just because a person test positive for alcohol doesn’t mean it’s true. Just because a person is alleged to have picked up a new case doesn’t make it true.

The burden of proof that the state uses on motions to revoke probation is a different burden than in finding a person guilty beyond a reasonable doubt. It is by a standard known as preponderance of the evidence.

They don’t need much proof to prove that the violation is true vs guilty. Violations of probation are not proven by a guilt innocence standard but by a true or not true standard. Our firm will begin in looking at the defense for each and every allegation, getting a bond set, and getting you positioned to either continue on probation, as a first option, or terminate the provision, which is sometimes possible to do at the violation hearing.

Our goal is never to see that you go to jail and we’re here to help. Please contact our expert team of attorneys today to see what we can do to fight for you.