Defending Your Freedom: Aggressive Representation for Motions to Revoke Probation

When Your Second Chance Is in Jeopardy: Facing a Motion to Revoke Probation

A probation sentence is designed to offer a second chance—an opportunity to avoid incarceration while demonstrating compliance with court-ordered conditions. However, this freedom is conditional and tenuous. When a probation officer or prosecutor files a Motion to Revoke Probation (MTR), it signals that the state believes you have violated the terms of your release, putting your hard-won liberty in immediate and severe jeopardy. At Barton & Associates, Attorneys at Law, we understand the urgency and high stakes of a probation revocation hearing. Our experienced San Antonio criminal defense attorneys provide the vigorous, knowledgeable representation needed to defend your freedom when the system seeks to send you back to jail or prison.

The revocation process moves quickly and operates under different rules than a standard criminal trial. The burden of proof is lower, and the consequences are immediate. Many individuals make the critical mistake of assuming a violation is minor or that they have no defense. This misconception can lead to the swift imposition of a full prison sentence. Whether you are accused of a technical violation or a new criminal offense, having skilled legal counsel is your most important defense against having your probation revoked.

Understanding the Texas Probation Revocation Process

What Triggers a Motion to Revoke?

A judge can revoke your probation (also called community supervision in Texas) if the state proves by a preponderance of the evidence that you violated a condition. Common alleged violations include:

• Technical Violations: Failing to report to your probation officer, missing a scheduled appointment, failing to pay required fines or court costs, not completing mandated community service hours, or testing positive on a drug or alcohol screen.
• Substantive Violations: Being arrested for a new criminal offense (even if not yet convicted) or failing to attend and complete court-ordered counseling, treatment programs, or DWI education courses.
• “Zero Tolerance” Conditions: Some probation terms, especially in drug or family violence cases, have strict “no use” policies for substances. A single positive test can trigger an automatic MTR.

The Two-Phase Revocation Hearing

The revocation process is not a trial, but a hearing before the judge who originally sentenced you.

• The Adjudication Hearing: The state must first prove you more likely than not violated a condition. Your attorney has the right to cross-examine the state’s witnesses (like your probation officer), present contrary evidence, and argue that the violation did not occur or was excusable.
• The Disposition Hearing: If the judge finds a violation, the hearing moves to the appropriate consequence. The judge has broad discretion, ranging from continuing your probation with modified terms to imposing the full original jail or prison sentence. This is where persuasive argument and effective mitigation are critical.

The Severe Consequences of a Revocation

The penalties for a probation violation are severe and can be imposed swiftly:

• Full Imposition of Your Original Sentence: The judge can order you to serve the jail or prison term that was originally suspended when you were placed on probation. For example, if you received a 5-year prison sentence that was probated for 5 years, the judge can now send you to prison for that full 5-year term.
• Modified or Extended Probation: The judge may reinstate probation but with stricter conditions, such as increased reporting, additional counseling, or a period of short-term confinement in jail (“shock probation”).
• Consecutive Sentences: If your probation was for multiple cases, the judge can order any newly imposed sentences to run consecutively (back-to-back) rather than concurrently (at the same time), dramatically increasing your total time incarcerated.
• Loss of Good Time Credit: For those on parole (the similar post-incarceration form of supervision), revocation can result in losing “good conduct” time earned in prison.

Our Strategic Defense to Probation Revocation Motions

At Barton & Associates, we fight to keep you out of custody. Our defense strategy is tailored to the specific allegations and your personal circumstances.

1. Challenging the Alleged Violation

The state’s evidence is often based on probation officer reports and testimony. We challenge its reliability and sufficiency.

• Disputing the Facts: Was the positive drug test a false positive? Was there a legitimate emergency that caused you to miss an appointment? Did you make a good-faith effort to pay fines but face financial hardship? We present evidence and witnesses to tell your side of the story.
• Confronting Hearsay: Probation officers often testify about what others told them. We object to inadmissible hearsay that forms the basis of the violation claim.
• Arguing Excusable Violation: Texas law allows a judge to excuse a violation under certain circumstances. We build a case that any violation was neither willful nor intentional.

2. Building a Powerful Case for Mitigation

If a violation likely occurred, our focus shifts to damage control. We work to convince the judge that revocation is not in the interests of justice. We do this by presenting a compelling mitigation package that may include:

• Evidence of Rehabilitation: Documentation of steady employment, completion of educational programs, volunteer work, or positive family involvement.
• Community Support: Character letters from employers, family, clergy, or community leaders who attest to your progress and positive contributions.
• Treatment Plans and Progress: If the violation is related to substance abuse or mental health, we present proof of enrollment and progress in a treatment program to show you are addressing the root cause.
• A Solid Plan for Compliance: We help you develop a realistic, concrete plan to demonstrate to the judge exactly how you will succeed on probation moving forward.

3. Strategic Negotiation with the Prosecutor

Before the hearing, we engage in negotiations with the prosecutor and your probation officer. Our goal is to secure an agreement for a continuance (to allow you time to correct the violation) or a joint recommendation to the judge for a sanction short of revocation, such as a brief jail sanction followed by reinstatement. Our reputation as skilled trial attorneys gives weight to these negotiations.

The Critical Importance of Acting Immediately After an MTR Is Filed

Time is your enemy in a revocation proceeding. The court will issue a capias (an arrest warrant) when the MTR is filed. You may be arrested at any time, often without the opportunity for bail. Taking immediate action is crucial.

• Voluntary Surrender: We can often arrange for you to voluntarily surrender to the court, which looks far better to a judge than being apprehended by police. This demonstrates responsibility and respect for the court.
• Expedited Hearings: We file motions to expedite your hearing date to minimize time spent in custody awaiting adjudication.
• Pre-Hearing Investigation: The extra time allows us to thoroughly prepare your defense and mitigation case.

The Barton & Associates Advantage in Revocation Defense

Experience with Local Judges and Procedures: We know the judges in Bexar County and surrounding areas—their tendencies, what arguments they find persuasive, and what they expect from probationers. This local insight is invaluable in crafting the most effective defense strategy for your specific judge.

• Former Prosecutorial Perspective: Our attorneys’ experience on the prosecution side provides a clear understanding of how the state builds revocation cases, allowing us to anticipate and counter their arguments effectively.
• Compassionate, Realistic Counsel: We provide honest, straightforward advice about your chances and the best path forward. We understand the fear and anxiety you face and guide you through the process with clarity and support.
• A Focus on Your Long-Term Success: Our goal is not just to win the hearing, but to help you get back on track and successfully complete your probation, putting this chapter behind you for good.

Take Immediate Action to Protect Your Freedom

If you have been notified of a Motion to Revoke Probation or believe one may be filed, do not wait. Do not miss your next probation appointment. Do not speak to your probation officer about the allegations without your attorney present.

Contact Barton & Associates immediately. Every day matters. Call our San Antonio office directly at 210-500-0000 for an urgent consultation. We will review your probation terms and the alleged violation, explain the process, and begin building the defense necessary to keep you out of jail and on the path to successfully completing your probation. Your freedom is worth fighting for.

Main Category: Criminal Defense
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000