Motions to Revoke Probation Can Lead to Complex Situations in Texas

 Posted on January 22, 2021 in Criminal Law

When you are on probation for a crime, especially with time already served, you will want to do anything to avoid any additional penalties or jail time. Despite this fact, no matter your most valiant efforts, you might end up finding yourself on the other end of a motion to revoke probation (MTR) issued by your probation officer. This is part of the reason why you must always be on such good behavior if on probation. Yet, if you deviate even to the slightest degree and do something illegal, you could be faced with an MTR.

A Brief Overview of Motions to Revoke Probations in Texas

A motion to revoke probation will generally be filed when you commit any crime under the supervision of a probation officer. In general, the probation supervisor makes the decision to file this motion based on behavior the officers observe themselves or note from others, be it police or other witnesses to the crime(s). It is easy to forget that even though you are on probation and in the real world, you are still not entirely a free individual as your behavior seems like it is held to a higher standard than most average civilians, especially since your behaviors and actions are being documented by a probation supervisor often.

Possible Complications in the Texas Motion to Revoke Probation Process

As is the case with most legal situations, there is often something or a few things that make your case particularly complex or complicated, requiring the assistance of an especially knowledgeable, talented, and experienced lawyer. Possible complexities for your lawyer to deal with during your motion to revoke probation case are:

• MTRs that are supposed to be viewed as a last resort yet somehow may befiled out of a pure desire to see you back in jail.
• Complicated relationships between probation officers, judges, and prosecutors, not to mention the defense lawyers, can create added, unnecessary tension.
• There may not be a typical timeline for the probation revocation process, mostly because many judges work at their own pace.
• The probation revocation may require transfers and extraditions, further delaying the case.
• Special circumstances and provisions may be needed for drug courts or mental health courts.
• Accusations of secondary crimes entirely different from the crime you are on probation for, may further postpone and complicate the case as well as increasing what is at stake for you if you have your probation revoked.
• Abnormally large amount of probation revocations may either granted or rejected by a specific judge, sowing confusion and mistrust through the courthouse and the media, implying possibly biased treatment.

Contact a San Antonio Probation Revocation Defense Lawyer

If you committed a similar crime as the original one you are under probation for, or you are being accused of a completely different crime, you will need to call a highly skilled San Antonio criminal defense attorney. Contact the Law Offices of Sam H. Lock at 210-226-0965 to figure out the legal strategy that is most beneficial to your motion to revoke probation case.

Sources:

https://www.txcourts.gov/All_Archived_Documents/ccaInformation/opinions/74334a.htm

http://robinainstitute.umn.edu/sites/robinainstitute.umn.edu/files/bell-county-tx-profile-final.pdf

https://www.tdcj.texas.gov/documents/scfo/Inmate_Legal_Handbook_Vol_2.pdf