Probation happens when a person convicted of a crime is released from prison or is sentenced directly to a period of good behavior under supervision. A Motion to Revoke Probation is a petition filed by a District Attorney (DA) who believes a person has violated the terms and conditions of their probations.
If a person has violated the terms of his or her probation, it is up to the probation officer to determine what action to take. If the action is minor, the probation officer might prefer to deal with it himself or herself. However, if the violation is severe or has occurred several times, the probation officer will report that abuse to the DA’s office. Once the DA has learned of this breach, he or she will likely file a Motion to Revoke your probation with the court that originally granted the sentence.
Once the Motion to Revoke has been filed with the court, a warrant will be issued for your arrest. The court may or may not set a bond with the warrant, depending on the circumstances, including the nature of the offense, the type of violation, and the number of violations. Once the order has been sent out, the court will set your revocation case for an initial appearance to try and resolve the case.
When a DA files a Motion to Revoke, he or she is mainly trying to end your probation by sending you to jail or prison instead. Probation itself is viewed as a second chance or reprieve from prison. A violation of this privilege is likely to result in it being taken away.
If a DA has filed a Motion to Revoke your probation, it’s not a guarantee you will be going to jail or prison. You have the opportunity to offer a defense in court. Presenting the best defense for your case will require the help of an experienced and skilled Houston criminal defense attorneys. The lawyers at The Law Offices of Jed Silverman can help. Our firm can offer you award-winning criminal defense attorneys who will be committed to protecting your rights and freedom. Let us see what we can do for you.
Contact us at (713) 597-2221 or fill out our online form to schedule a free case evaluation today.