Motion to Revoke Probation

/Motion to Revoke Probation
Motion to Revoke Probation 2018-02-27T19:34:29+00:00

If you are given probation but not offered a deferred adjudication, then you are on straight probation.  Straight probation is a conviction as soon as you plea guilty and start probation (unlike Deferred Adjudication where you are never found guilty as long as you finish probation).

Individuals who violate deferred adjudication have a document filed called a Motion to Adjudicate Guilt.  Individuals on straight probation have a document filed called a Motion to Revoke Probation.  On a motion to revoke probation, you can be sentenced to jail based on the type of case you had before.  Sometimes the jail time is capped by agreement.  The maximum amount of time that you are looking it is going to depend on how you pled your case, and what the plea agreement was.  If you are already facing an MAJ or a Motion to Revoke Probation call me at 713-222-2828.  We can work together to get a plan of action.

Why Would My Probation be Revoked?

There are many different things you could possibly do to get a Motion to Revoke Probation filed against you.  You could be arrested for just one violation.  They include all of the following:

  • Positive UA for Drugs
  • Telling your PO you have been drinking
  • Positive UA for Alcohol
  • Interlock alcohol violations
  • Missing Curfew time
  • Violations of your GPS Device
  • Skipping a Meeting with your PO
  • Being behind, or not paying all of your fees and/or fines
  • Being behind, or not doing your community service
  • Not showing up for a drug test
  • Not having a job or not being a full time student
  • Failure to complete your court ordered classes or programs
  • Getting Arrested for a new case
  • Leaving the state without permission
  • Violating conditions of protective orders

How Can I, As A Houston Probation Revocation Lawyer Help You?

I can fight for you.  Face it, when you walk into court no one is going to care about you.  They are going to see you as just another criminal, or just another case number.  What happens to you or your family is of no concern to anyone in the court.  Being in court is unique to you, and it’s the most important thing in your life.  But the prosecutors and judges do this everyday and are in some cases immune to the real list consequences of people going to prison.

I can talk to the DA and the Judge, humanize you, and make them realize you are a person and not a number.  I will work together with them to explain what happened, and to help them realize that you are not a lost cause.  I will fight to get you the best possible outcome.

What Could Happen To You?

Usually it is one of 4 things:

  • The DA or Judge can dismiss the violation and let you return onto your probation
  • The Judge can agree to allow you to return to probation, but can add conditions that were not present originally (jail time, jail programs, outpatient programs, classes, community service, etc)
  • The Judge can agree to amend your conditions as above, but can also give you additional probation time.
  • The Judge can choose to completely revoke your probation and sentence you to jail time.

I offer a free consultation.  Every case is very different.  I will give you an honest assessment of what I feel could happen with your case.  It is important to have someone representing you in court, because again, no one there is your friend.

Get a Free Consultation

Call me, Houston Probation Violations 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.