Motions to Revoke or Adjudicate Probation
The Legal Experience You Need
It’s usually easy to get probation. What’s tough is staying on probation. Sometimes, a person runs into issues with completing their conditions and ends up with a Motion to Revoke Probation or a Motion to Adjudicate (if on Deferred Adjudication).
What Should You Do If You Violate Probation and Receive a Motion To Revoke or Adjudicate?
First and foremost, getting picked up on a warrant is the worst way to deal with the motion, especially if you are unable to bond out because of a lack of financial resources or the judge not setting a bond. If you know, you will be violated because you haven’t done the things your probation officer has told you to do, get ahead of it. Hiring an attorney is the only way to get ahead of it because no attorney will be appointed until you have been picked up on the warrant. There may be a variety of strategies an attorney can utilize to prevent you from going to jail and taking care of the motion while staying outside. Once you are in jail, though, it becomes tough to avoid the worst consequences of the motion.
Call Krause Law Firm today at (210) 579-9711 or contact us online line to learn more bout a motion to revoke or adjudicate probation!
What Happens When a Motion to Revoke or Adjudicate is Filed?
First and foremost, it’s essential to understand that if your attorney brings you in front of the judge on a motion, the judge has all the power and can do whatever they choose to do within the law. The prosecutor can make a recommendation, but the judge is not bound to follow it. The best move to avoid being revoked by the judge, if you are in a court that allows it, is to take it out of the judge’s hands. This is done by convincing the prosecutor to withdraw the motion and alter and amend conditions to their satisfaction. The prosecutors have a lot of leeway in what they can propose to alter and amend conditions, including and up to a jail sanction.
If you find yourself in front of a judge on a motion, all is not lost. If you can show you are serious about probation and will be successful if given another shot, the judge may deny the motion and continue you on your probation, probably with some new conditions. One way to show you are serious is to start completing conditions while awaiting your hearing date to avoid staying in jail. This means enrolling in classes, starting community service, paying fees, and other things that have been previously ordered.
Contact Krause Law Firm today for a FREE consultation!