Motion to Revoke Probation Attorney in San Antonio

Probation is a common sentencing option for criminal defendants in Texas, but it is not without its risks. One of the biggest risks is the possibility of having your probation revoked. A motion to revoke probation is a legal proceeding in which the State of Texas asks the court to terminate your probation and send you to prison or jail. If you are facing a motion to revoke probation, it is crucial that you have an experienced criminal defense attorney on your side.

If you are facing a motion to revoke probation in Texas, you need an attorney who understands the complexities of the legal system and has the experience to defend your rights. Brad Thornton, is a Board-certified criminal defense attorney in San Antonio with over a decade of experience as both a prosecutor and a defense attorney. He has handled a wide range of criminal cases and has a proven track record. He is dedicated to providing personalized and aggressive representation to those facing the possibility of having their probation revoked.

Motion to Revoke Probation and Motion to Proceed with Adjudication of Guilt

In Texas, there are two main types of probation: regular probation (also known as “community supervision” or "straight probation") and deferred adjudication probation.

Regular probation is a sentence that is imposed by a judge after a person has been convicted of a crime, either by a judge, jury, or the result of a plea bargain with the State. The person is placed on probation under the supervision of a probation officer and must comply with certain conditions, such as paying fines, completing community service, and staying away from certain people or places. If the person violates the conditions of probation, the State can file a motion to revoke probation, asking the court to terminate the probation and send the person to jail or prison.

Deferred Adjudication probation is a type of probation that is offered as an alternative to a conviction. If a person is placed on deferred adjudication probation, they enter a plea of guilty, but the court does not find the defendant guilty, instead, the court defers finding the person guilt and places them on probation for a set period of time agreed upon in a plea bargain or determined by the court during sentencing. If the person successfully completes the terms of the probation, the charges are dismissed and the person does not have a conviction on their record. However, if the person violates the terms of their probation, the State can file a motion to proceed with the adjudication of guilt, asking the court to find the person guilty and impose a sentence.

Probation Conditions and Common Violations

There are many different types of conditions that a person on probation may be required to comply with. Some common conditions of probation include:

Reporting to a probation officer: The person must meet with their probation officer on a regular basis and keep them informed of their whereabouts and activities.

Abstinence from drugs or alcohol: The person may be required to undergo drug or alcohol testing and must not use drugs or alcohol while on probation.

Curfew: The person may be required to stay at home during certain hours of the day or night.

Community service: The person may be required to perform a certain number of hours of community service.

Restitution: The person may be required to pay restitution to the victim of their crime for any damages or losses that were incurred.

Counseling: The person may be required to attend counseling or treatment for drug addiction, anger management, or other issues.

The most common violation of probation includes failing to report to a probation officer, failing a drug test, or failing to pay restitution. Other common violations include being arrested for a new crime, associating with known criminals, or possessing a firearm.

What Happens When the State Files a Motion to Revoke

When the State files a motion to revoke probation or a motion to proceed with adjudication of guilt, an arrest warrant may be issued for the defendant. An arrest warrant is a legal order issued by a judge or a magistrate that authorizes law enforcement to arrest the person named in the warrant. An arrest warrant is always issued when the state believes that the defendant has violated the terms of their probation and files a motion to revoke probation with the court.

The amount of bail that is set in an arrest warrant for a motion to revoke or adjudication is determined by the judge or magistrate who issued the warrant. The amount of bail is typically based on the severity of the alleged violation and the defendant's criminal history. A high bail amount is usually set for defendants who are considered a flight risk or a danger to the community, while a lower bail amount may be set for defendants who have a minimal criminal history and are not considered a flight risk.

When a defendant is arrested on an arrest warrant for a motion to revoke probation, they are not entitled to a bond, although one is usually set. This is because a defendant who has had their probation revoked has already been convicted of a crime and his constitutional guarantee to bail no longer applies. In contrast, a defendant who is arrested on an arrest warrant for a motion to proceed with adjudication of guilt is entitled to a bond because they have not been formally convicted and are awaiting trial.

It's important to note that the defendant has the right to contest the amount of bail set and to request a bail reduction hearing. An experienced criminal defense attorney can help the defendant to present evidence to the court regarding their ability to pay the bail, and to argue that they are not a flight risk or a danger to the community

Burden of Proof for Violation of Probation

The burden of proof for a motion to revoke probation is a lower standard than the burden of proof for the original crime. The standard of proof for a motion to revoke probation is "preponderance of the evidence." This means that the state must prove that it is more likely than not that the person on probation has violated the terms of their probation. This is a lower standard than the "beyond a reasonable doubt" standard that is required to prove a crime.

The "beyond a reasonable doubt" standard is the highest standard of proof and is used in criminal trials. It means that the state must prove that the person is guilty of the crime charged to the point that there is no reasonable doubt in the mind of the jury or the judge.

The difference between the two standards is that in a motion to revoke probation, the state does not have to prove the person's guilt of the original crime again, but instead, they must show that the person has violated the conditions of their probation.

Inability to Pay

When the State seeks to revoke probation for non-payment of fines, fees, costs, or restitution, they have the burden of proving that the defendant had the ability to pay. This means that the State must present evidence that the defendant had the financial resources to pay the fines, fees, costs, or restitution, and that they willfully failed to do so.

The state must prove that the defendant had the financial ability to pay the fines, fees, costs, or restitution. This can be done by showing that the defendant has assets, such as a bank account or property, or by showing that the defendant has a steady income. The state must also prove that the defendant willfully failed to pay, meaning that they had knowledge of the obligation to pay, and intentionally chose not to pay it.

If the state cannot prove that the defendant had the ability to pay, they will not be able to revoke probation based on non-payment. However, if the state can prove that the defendant had the ability to pay and willfully failed to pay, the court can revoke probation as a result of this violation.

Potential Consequences of a Motion to Revoke

The potential consequences of a motion to revoke probation or a motion to proceed with adjudication of guilt can vary depending on the specific circumstances of the case, but generally, the judge has several options available to them.

For a motion to revoke probation:

• The judge may revoke the defendant's probation and sentence them to jail or prison. The length of the sentence will depend on the original crime and the terms of the probation.

• The judge may continue the defendant's probation with or without additional conditions or sanctions.

• The judge may modify the defendant's probation, such as by adding or removing conditions, or by extending or shortening the length of the probation.

For a motion to proceed with adjudication of guilt:

• The judge may find the defendant guilty and sentence them to jail or prison. The length of the sentence will depend on the original crime and the terms of the deferred adjudication.

• The judge may continue the deferred adjudication with or without additional conditions or sanctions.

• The judge may find the defendant guilty, but instead of sentencing them to jail or prison, place them on regular probation with a new set of conditions or sanctions.

It's important to note that the judge's decision will depend on the facts and circumstances of each individual case and the defendant's criminal history. An experienced criminal defense attorney can help the defendant to present evidence in their favor and to argue for a more lenient sentence.

It's important to understand that, in both cases, if the judge revokes the probation, or finds the defendant guilty, the defendant will have a criminal conviction on their record. This can have significant consequences for the defendant's future, including difficulty finding employment or housing, and can lead to additional penalties if the defendant is convicted of another crime in the future.

San Antonio Motion to Revoke Probation Attorney Brad Thornton

If you are facing a motion to revoke probation, it is crucial that you have an experienced criminal defense attorney on your side. An attorney can help you in several ways:

• They can explain the legal process to you, including the grounds for revocation and the potential consequences if your probation is revoked.

• They can review the evidence against you and identify any weaknesses or inconsistencies in the State's case.

• They can prepare and present evidence in your favor, such as evidence of your compliance with the conditions of probation, or evidence of your inability to pay fines or restitution.

• They can make arguments on your behalf at the revocation hearing, such as arguing for a continuance of probation or for a modification of the conditions of probation.

• They can negotiate with the prosecutor for a favorable plea agreement or alternative sentence.

Brad Thornton is a Board-certified criminal defense attorney in San Antonio with over a decade of experience as both a prosecutor and a defense attorney. He has handled a wide range of criminal cases and has a proven track record of achieving favorable outcomes for his clients. He is dedicated to providing personalized and aggressive representation to those facing the possibility of having their probation revoked. If you are facing a motion to revoke probation and are in need of legal representation, please don't hesitate to contact Brad Thornton at 210-439-5627.