Texas Legal Process:
Motions to Amend and/or Revoke Probation
Probation is an agreement between you and the Court to follow a list of rules instead of sitting out a punishment in jail or prison. These rules can be tedious and complicated. If a probation officer, prosecutor or the Court believes you have violated a term or condition of your probation, a motion to revoke your probation can be filed. A probationer has limited rights to contest these matters. It is IMPORTANT to have someone fighting for you at the first possible moment.
Motions to revoke probation may be requested by your probation officer at any time if your probation officer believes you have violated any term or condition of your probation. The typical process is as follows:
- Your probation officer will create a violation report detailing why they believe you have violated a term or condition of your probation.
- The violation report will be submitted to the prosecutors office and/or the Court.
- If the prosecutor believes a violation has occurred, they will file a motion to revoke your probation and submit it to the Judge.
- The Judge will review the filed motion to revoke your probation and if the Judge signs the motion a warrant will issue for your arrest and a hearing date will be set on your motion to revoke your probation.
- Depending on the type of probation you are on, you may be able to post an additional bond to get out of jail while awaiting your hearing date.
- The Judge will require a hearing to determine if you violated your probation and what to do with your probation if you did violate.
If you have been told your probation is being revoked or if you have been in revocation status for awhile, it is very important you get an attorney immediately. Your attorney can help navigate you through the motion to revoke process, assist you in turning yourself in on the probation warrant, request a bond amount, if applicable, and get you out of jail. The filing of a motion to revoke your probation is just the beginning of the process.
Probation revocations can be stressful and scary. You do not want to wait to handle a motion to revoke probation without advise from an attorney. Regain some control by getting an attorney working for you and helping you through this process.
A probation amendment is an agreement to change or add conditions to your probation. If you are in violation of a term or condition of your probation, your probation officer may seek a resolution outside of the courtroom. Amendments may be done by agreement by you and your probation officer to address an issue. Amendments are typically done in situations where you have violated a technical rule, such as curfew or payment. In order to settle your case with an amendment, you will be required to sign a waiver of attorney.
Amendments have the potential of significantly changing your probation terms and should not be agreed to lightly. You have an absolute right to consult an attorney before agreeing to a change in your probation. Do not be afraid to seek advice from an attorney BEFORE signing away your rights.
You should speak to an attorney before agreeing to any amendments to your probation to ensure the best possible outcome for your case.