If your probation officer believes you have failed or not completed one or more of the community supervision requirements ordered on probation, they may ask the court to “revoke” your probation.
Generally, no. Unless you committed a new offense while on probation, the “motion to revoke” is not a new offense. It is a formal pleading asking the court to revoke your probation on the case you had already accepted probation on.
Not all motions to revoke are because you “did” something. The lack of doing courses, community service, etc. can lead to a motion to revoke.
What to do next…
If you have been arrested for any charge or might have a motion to revoke your probation pending, you need to hire an experienced criminal defense attorney. The sooner you hire an attorney, the better. Most of the time your probation officer will not tell you that you have a pending motion to revoke probation. Normally, the probation officer will wait for you to appear for your monthly check-in and they will have you arrested on the spot. If your probation officer told you ahead of the scheduled meeting that you had a pending motion to revoke probation, most people would not show up to that meeting in fear of the inevitable – being arrested.
If you haven’t been arrested, your Dallas Criminal Lawyer can try to talk with the Court, the probation officer, or the prosecutor in hopes of getting the motion to revoke withdrawn or dismissed. An experienced criminal defense attorney will know that the only way to defend these cases is to act quickly and swiftly. It is not a matter of if but when you will be arrested for a motion to revoke.
There are a number of possible outcomes if you are facing a motion to revoke. It is possible that the motion to revoke can be dismissed (like many of my cases before). It is also possible that the prosecutor can ask for additional courses, community service, etc and continue you on probation. Your probation length can be extended. Or, finally, it is possible that your probation can be “revoked” and you will be sentenced to time in county or state jail time.
Your lawyer should be able to look at your motion to revoke probation objectively and figure out, before the prosecutors, what needs to be done. Being proactive and fighting quickly is the key to these cases and many others. If your hope is that you will be continued on probation without doing much, you are going to be in for a rude awakening.
You need to hire a law firm who has the bandwidth and availability to work quickly, aggressively, and passionately.
Call today – 214.433.6303.
Your Criminal Defense Attorney
Gallian Firm LLC
2001 Bryan St.
Dallas, TX 75201