Motion to Adjudicate Guilt

/Motion to Adjudicate Guilt
Motion to Adjudicate Guilt 2018-02-27T19:33:46+00:00

In the criminal justice system many people end up on a special type of probation called Deferred Adjudication.  Deferred Adjudication is unique because you plea guilty, but you are not found guilty.  The judge will withhold a finding of guilt and allow you to go on probation.  If you successfully complete your probation, then you will never be convicted of that case.  And in many instances, you may be eligible to partially seal your record through a petition for non-disclosure.  That is the good part.

Deferred Adjudication can also be bad for you.  It can be bad if you violate your probation.  If you violate your probation a document called a “Motion to Adjudicate Guilt” (MAJ) will be filed.  If the judge revokes your probation you open yourself up to the entire range of punishment on your original case.  So if you had a 2nd degree felony and you were placed on deferred adjudication, then the judge could sentence you anywhere from 2-20 years in prison.  If your probation officer has already filed an MAJ or a Motion to Revoke Probation (if you are on straight probation), call me at 713-222-2828, I can do my best to get you a bond and hopefully keep you out of jail.

What Type of Behavior Can Cause My Deferred Adjudication to be Revoked?

Your probation can be violated for many different reasons.  Some of them are small technical infractions, and others (like committing new crimes or testing positive for drugs) can be very serious.  Some infractions include:

  • Testing Positive for Drugs
  • Admitting to the Use of Alcohol
  • Testing Positive for Alcohol
  • Violations in your Alcohol Interlock Device
  • GPS/Curfew Violations
  • Missing Probation Meetings
  • Not Paying Your Fines and Fees
  • Not Doing Your Community Service
  • Skipping Drug Tests
  • Not Working or Enrolling in School
  • Not Doing Your Classes or Counseling
  • Committing a New Crime
  • Travel Violations
  • Protective Order/No-Contact Violations

How Can You, As A Houston Probation Violation Lawyer Help Me?

I can tell your story.  I can explain to the DA and to the judge why you had the violations you had.  There is very rarely someone who just does not care about probation.  More often then not it is someone being violated because they got behind on money after losing a job, or getting charged with a new crime that they are innocent of.  We can fight for you and try to get you the best possible outcome.

What Are The Possible Outcomes?

Typically one of four things happens:

  • The MAJ can be dismissed, and you can return to probation as normal
  • The Judge can reinstate you, but with amended conditions (such as classes, outpatient or inpatient programs, etc)
  • The Judge can extend your probation with added conditions. For example if you only had 6 months of probation left when you got violated, the judge could order that you do an additional 6 months of probation, or 1 year total.
  • The Judge can revoke your probation and sentence you to jail, and turn your case into a conviction.

 

Many times we can help with a plan to clear up your violations (whether its money, or missed classes, or community service).  It is extremely important to have a lawyer on your side as quick as possible.

I can help you.

Get a Free Consultation

Call me today, Houston based Criminal Defense Lawyer Eric Benavides, at 713-222-2828. You can also contact me about your case by filling in the following information. The first consultation is always free.