Motion to Adjudicate Defense in San Antonio: Protecting Your Deferred Adjudication in Texas
Facing a Texas Motion to Adjudicate? Don’t Let One Mistake Define Your Future.
A Motion to Adjudicate Guilt (MTAG) filed by the state is a legal emergency. It means the court’s leniency in offering you deferred adjudication probation is now in jeopardy, and the original criminal conviction and sentence you hoped to avoid are back on the table. At Barton & Associates, Attorneys at Law, we understand the fear and uncertainty this causes. Our experienced criminal defense attorneys provide the aggressive, strategic representation necessary to counter these motions. We fight to protect your second chance, keep a formal conviction off your record, and help you get back on track toward a dismissal.
Understanding Your Precarious Legal Position: Deferred Adjudication Explained
Deferred adjudication is a critical opportunity, not a guarantee. To defend it effectively, you must understand what’s at stake.
- The Original Deal: In a deferred adjudication, you plead guilty or nolo contendere (no contest) to the charges. However, the judge does not enter a formal finding of guilt. Instead, the court “defers” that finding and places you on community supervision (probation) for a set period.
- The Path to Dismissal: If you successfully complete all the terms and conditions of your probation without any violations, the case is typically dismissed. Under Texas law, you may then be eligible to have the records of the arrest and proceedings sealed from public view through an order of nondisclosure.
- The Trigger of an MTAG: The state prosecutor files a Motion to Adjudicate when they allege you have violated the terms of your deferred adjudication probation. This action asks the judge to proceed with the deferred part of the agreement: to formally adjudicate you guilty of the original offense and impose a sentence.
The fundamental difference is profound. You are no longer presumed innocent; you are in a breach-of-contract hearing with your freedom and future in the balance. The state must only prove your violation by a preponderance of the evidence (more likely than not), a much lower standard than “beyond a reasonable doubt.”
Common Violations That Trigger a Motion to Adjudicate
The state can file an MTAG for any failure to comply with the specific conditions ordered by the court. Common allegations include:
- Technical Violations: These are non-criminal failures to follow procedural rules.
- Failing to report to your probation officer as scheduled.
- Missing a required drug or alcohol test.
- Falling behind on court-ordered fees, fines, or restitution payments.
- Traveling outside the permitted jurisdiction without prior approval.
- Failing to complete mandated community service hours, counseling, or educational classes.
- Substance Abuse Violations: These are treated with extreme seriousness.
- Testing positive for a controlled substance or alcohol (if prohibited).
- Refusing to submit to a drug test.
- Failing to attend or complete substance abuse treatment.
- New Criminal Offenses: This is the most serious violation. Being arrested for or charged with a new crime—even if it’s a minor misdemeanor—will almost certainly prompt the state to file a motion to adjudicate your existing deferred adjudication.
The Critical Difference: Motion to Adjudicate vs. Motion to Revoke Probation
Many people confuse these two proceedings, but the distinction is legally significant and impacts your defense strategy.
- Motion to Adjudicate Guilt (MTAG) Defendants on Deferred Adjudication probation. No formal conviction exists yet. The hearing is to determine if a conviction should be entered. The court formally finds you guilty of the original charge and can impose any sentence within the full range of punishment for that offense.
- Motion to Revoke Probation (MTR) Defendants on Traditional (Straight) Probation (after a formal conviction). A formal conviction and sentence already exist; probation was a condition of that sentence. The court revokes the community supervision and orders you to serve the original sentence that was previously imposed (e.g., a jail term that was probated).
Why This Matters for Your Defense: Because an MTAG can result in a brand-new sentence, the stakes are often perceived as higher. A skilled attorney must prepare not only to challenge the alleged violation but also to advocate for the most lenient sentence possible if the motion is granted.
Our Strategic Defense Approach to Motions to Adjudicate
At Barton & Associates, we do not take a one-size-fits-all approach. We build a tailored defense from the moment you contact us.
Phase 1: Immediate Case Assessment & Damage Control
Time is your enemy when a motion is filed. We act swiftly to:
- Obtain and meticulously review your original deferred adjudication order, the state’s motion, and all probation records.
- Advise you on immediate actions to stop any ongoing violations (e.g., scheduling missed appointments, starting unpaid community service).
- Open lines of communication with your probation officer and the prosecutor to understand their concerns and present mitigating factors.
Phase 2: Building Your Defense for the Adjudication Hearing
We explore every legal avenue to protect your deferred status:
- Challenging the Evidence: Did the probation officer follow proper procedure? Was the drug test chain of custody intact? Can the state reliably prove you missed an appointment? We scrutinize every detail.
- Negotiating a Resolution: Often, we can negotiate a “stipulated continuance” or an agreement with the state and probation to give you another chance. This may involve agreeing to modified, stricter probation terms (like more frequent testing or added counseling) in exchange for the state withdrawing or not pursuing the motion.
- Preparing Mitigation: If the violation is conceded or proven, we prepare a powerful mitigation case for the sentencing phase. We gather evidence of your overall compliance, employment, family support, community ties, and steps toward rehabilitation to convince the judge you deserve to continue on probation rather than be sentenced to incarceration.
Phase 3: Representation at the Hearing & Sentencing
We provide assertive, prepared advocacy in court:
- We cross-examine the state’s witnesses, often the probation officer, to highlight inconsistencies or weaknesses in their testimony.
- We present your case, including witnesses and evidence that support your character and commitment to success.
- We deliver a compelling argument to the judge, emphasizing fairness, proportionality, and your potential for rehabilitation.
What to Do If a Motion to Adjudicate Is Filed Against You
- Do Not Ignore It. A motion will not go away. Failure to appear in court will result in a warrant for your arrest and almost certainly lead to a guilty finding.
- Do Not Admit to Anything. Do not discuss the alleged violations with your probation officer, the prosecutor, or anyone else without your attorney present. Anything you say can be used against you.
- Review Your Paperwork. Locate your original deferred adjudication order listing your conditions. Understand exactly what you are accused of violating.
- Contact Barton & Associates Immediately. The earlier we intervene, the more options we have to negotiate a favorable resolution before the hearing. We offer urgent consultations to address this crisis.
- Start Documenting Compliance. If possible, gather any proof that counters the allegations (e.g., receipts for paid fines, work records showing you were out of town for employment).
Protect Your Second Chance with Barton & Associates
A Motion to Adjudicate is a serious setback, but it is not the end of your case. With skilled legal intervention, many clients successfully preserve their deferred adjudication and get back on the path to a dismissal.
Do not face the court alone. The strategies and arguments presented at your adjudication hearing will irrevocably impact your future.
Contact Barton & Associates, Attorneys at Law, today at 210-500-0000 for a confidential case evaluation. Let our experienced team analyze the motion against you, explain your options, and begin building the strong defense you need. Call our office or complete our online contact form now. We are ready to fight for your freedom and your record.
Main Category: Criminal Defense
Practice Area Category: Motions to Revoke Probation
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000
