Facing Probation Violation for a New Arrest in San Antonio? A Dual Defense Is Critical.

A new criminal charge while on probation creates a legal crisis on two fronts. You are not only fighting the new case but also defending against an automatic Motion to Revoke your probation based on that arrest. This is one of the most serious probation violations you can face, as it signals to the court a potential pattern of behavior. The threat is immediate: your freedom on the original case is now in jeopardy, and you could be sentenced to jail or prison without ever being convicted of the new offense. At Barton & Associates, Attorneys at Law, our San Antonio criminal defense attorneys specialize in this high-stakes, dual-case defense. We attack the new charge aggressively to dismantle the foundation of the revocation, while simultaneously mounting a powerful defense to keep your probation intact.

The Double Jeopardy: How a New Arrest Triggers Automatic Revocation Proceedings

Understanding the process is key to understanding the urgency. The moment you are booked on a new charge, your probation officer is almost certainly notified.

1. The Automatic Trigger: Most probation orders include a standard condition: “Do not commit any new offense.” An arrest alone, regardless of the eventual outcome of the new case, is typically treated as a prima facie violation. Your PO will file a Violation Report with the court.
2. The State Files a Motion: The District Attorney’s office will swiftly file a Motion to Revoke Probation (MTR) or a Motion to Adjudicate Guilt (if you are on deferred adjudication).
3. The Dual-Track System Begins: You now have two separate, yet intimately connected, legal battles:
   1. Track 1: Defending the new criminal charge.
   2. Track 2: Defending against the Motion to Revoke your probation based on that charge.

The critical link: The success of your revocation defense is almost entirely dependent on the outcome of the new criminal case. This is where having one unified legal team for both matters is not just convenient—it is a strategic necessity.

Our Two-Front Defense Strategy: Attacking the New Case to Save Your Probation

Our approach is integrated and aggressive. We do not treat these as separate issues. Every action in the new case is taken with an eye toward preserving your probation.

Front 1: Aggressively Defending the New Criminal Charge

Our primary objective is to eliminate the basis for revocation by getting the new case dismissed, reduced, or acquitted.

• Immediate Investigation: From day one, we investigate the new arrest as if it were a standalone felony. We secure police reports, body/dash cam footage, and witness statements. We look for constitutional violations—illegal stops, searches without probable cause, failures in Miranda warnings.
• Filing Pre-Trial Motions: We file Motions to Suppress Evidence obtained illegally. If key evidence is thrown out, the new case often collapses.
• Challenging the State’s Case Early: We engage with the prosecutor on the new case immediately. We highlight weaknesses in their evidence, witness credibility issues, and legal flaws. Our goal is to secure a dismissal or a reduction to a non-jailable offense or fine-only violation that does not threaten your probation status.
• Negotiating for a “No-Revoke” Disposition: In some cases, we can negotiate a resolution to the new charge that specifically includes an agreement from the prosecutor not to pursue revocation or to recommend probation continuation. This is a delicate, advanced negotiation that requires deep familiarity with both the prosecutors and judges in Bexar County.

Front 2: Defending the Motion to Revoke Based on the Arrest

While fighting the new case, we simultaneously build your defense against the revocation.

• Invoking Your Right to a Speedy Hearing: If you are jailed on a “blue warrant” for the violation, we demand a speedy revocation hearing. The state must prove the violation, and we hold them to their procedural deadlines.
• Challenging the “New Law Violation” at the Revocation Hearing: At the hearing, the burden is on the state to prove by a “preponderance of the evidence” that you committed a new offense. We aggressively cross-examine the arresting officers from the new case, applying the same defenses we are using in the criminal trial. We argue that the mere allegation of an offense is insufficient for revocation.
• The Power of a “Not Guilty” Plea or Pending Case: We argue to the judge that your probation should not be revoked based on an allegation that is still being contested. Revoking first and asking questions later undermines the presumption of innocence.
• Mitigation if the New Case is Problematic: If the evidence on the new charge is strong, we pivot our revocation defense to mitigation and damage control. We gather evidence of your compliance on probation up until the arrest, your community ties, employment, and family obligations. We argue for a modified probation—with stricter conditions like a curfew or increased reporting—instead of revocation, emphasizing that incarceration serves no rehabilitative purpose.

The Grave Distinction: Deferred Adjudication vs. Straight Probation

The type of probation you are on dramatically changes the stakes of a new arrest.

• If you are on DEFERRED ADJUDICATION: This is the most dangerous scenario. A judge finding that you violated by a new arrest can adjudicate you guilty of the original offense (giving you a permanent conviction) and sentence you to any sentence within the full range for that original crime. This could mean prison time for a charge you originally avoided a conviction on. Our defense here is all-out, focusing first and foremost on defeating the new charge to protect your deferred status.
• If you are on STRAIGHT (REGULAR) PROBATION: The judge’s options are generally to continue probation or revoke it and impose the original sentence. While still serious, this often allows more room to argue for continuation with enhanced conditions.

The Critical First Steps After a New Arrest While on Probation

Your actions in the first 24-72 hours are crucial. Do not compound the problem.

1. INVOKE YOUR RIGHT TO REMAIN SILENT. Do not discuss the new arrest or your probation status with anyone—cellmates, police, or even your probation officer—until you speak with us. Anything you say will be used in both cases.
2. CALL OUR FIRM FROM THE JAIL. Use your phone call to contact a criminal defense attorney, not just a bail bondsman. We can start working on both your release and your defense immediately.
3. DO NOT CONTACT YOUR PROBATION OFFICER WITHOUT COUNSEL. Anything you say to your PO about the arrest will be in their violation report. Let us manage that communication.
4. INFORM YOUR ATTORNEY OF EVERY DETAIL OF YOUR PROBATION. We must know the specifics of your original charge, probation type, officer, and conditions to build an integrated defense.

Why Unified Representation from Barton & Associates Is Essential

Handling your new charge and your revocation with separate attorneys is a catastrophic mistake. Communication gaps and conflicting strategies will doom your case. Our integrated defense offers:

• A Single, Cohesive Strategy: Every plea offer, every motion, every negotiation in the new case is evaluated for its impact on the revocation, and vice-versa. We never work at cross-purposes.
• Deep Knowledge of Bexar County Courts: We know the judges, the prosecutors in both the felony and misdemeanor courts, and the probation department. We understand which arguments will resonate and how to position your case for the best global outcome.
• Efficiency & Leverage: We use discoveries and victories from one case to benefit the other. A successful motion to suppress in the new case gives us powerful ammunition for the revocation hearing. This creates leverage most attorneys cannot achieve.
• A Track Record of Success: We have successfully defended countless clients by getting new charges dismissed, then walking into the revocation hearing and arguing there is no valid basis to revoke probation, resulting in the motion being dropped.

Frequently Asked Questions: New Arrests & Probation Violations

Q: My new case is just a misdemeanor. Can I still lose my probation?
A: Absolutely. Any new arrest, even for a Class C misdemeanor like a minor theft or simple assault, violates the terms of your probation. The court takes a “new law violation” extremely seriously as it suggests you are not rehabilitated.

Q: What if the new charges are dropped or I’m found not guilty?
A: This is the optimal outcome. Once the new case is resolved in your favor, we immediately file a motion to dismiss the Motion to Revoke, arguing the state no longer has any evidence of a violation. This usually results in your probation being reinstated.

Q: Can I post bond on the new charge and on the probation violation?
A: Often, yes, but it’s complex. A new arrest typically triggers a “blue warrant” on your probation case, holding you without bond. We must file a Motion for Personal Bond in the revocation case to secure your release while both matters are pending. We tackle both bonds simultaneously.

Q: Should I plead guilty to the new charge quickly to “get it over with”?
A: UNDER NO CIRCUMSTANCES. A guilty plea to the new charge is an admission that will guarantee your probation is revoked. You must fight the new charge first.

Facing a new arrest doesn’t mean you must accept the loss of your probation. It means you need a fighter who sees the whole battlefield.

The strategy of attacking the new charge to defend the old one is what separates a successful outcome from a devastating one. If you are on probation in San Antonio, Austin or Corpus Christi, Texas and have been arrested on a new charge, you need integrated, aggressive legal defense now.

Contact Barton & Associates, Attorneys at Law, at 210-500-0000 immediately for a confidential consultation. We will analyze both your new case and your probation status, and outline a clear, powerful strategy to protect your freedom on all fronts.

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