The Texas justice system can be complex, especially when dealing with probation. In this episode of "So You Got Arrested," BRCK criminal defense attorneys break down the ins and outs of probation, focusing specifically on what happens when a violation of probation—also known as a Motion to Revoke (MTR) or a Motion to Adjudicate (MTA)—is filed.
We clarify the difference between the two main types of probation—Deferred Adjudication (where successful completion leads to dismissal) and Regular/Straight Probation (where you are already convicted and a sentence is suspended)—and how a violation affects each one differently, including the maximum potential punishment.
Key Topics Covered:
- 🛑 What is Probation? Understanding "Community Supervision" and the conditions you must follow.
- 🚨 The Revocation Process: From a minor violation (like a dirty UA) to the warrant, no-bond status, and the attorney's role in securing a bond.
- 💰 Failure to Pay vs. Failure to Report: The critical difference and why stopping supervision fees won't revoke your probation, but stopping reporting will.
- 🔒 Deferred vs. Regular Probation Consequences: The "all or nothing" stakes of Deferred Adjudication (potential for full range of punishment, including 99 years for a First Degree Felony) versus the caps on Regular Probation (maximum 10-year sentence).
- ⚖️ The MTR Hearing: Your rights, the lack of a jury, and the lower "Preponderance of the Evidence" burden of proof (the 51% test) compared to "Beyond a Reasonable Doubt."
- 📝 Pleading True with an Explanation: Strategies for admitting minor violations while seeking a non-revocation outcome.
- 🚫 Technical vs. New Crime Violations: Why absconding (failure to report) and committing new offenses (Number One violations) are the most serious, and what to do about pending charges.
- ✅ The Judge's Options: What the judge can do at the conclusion of an MTR hearing, including revoking probation, converting Deferred to Regular Probation, or imposing a jail sanction (up to 180 days) as a condition of continuance.
If you are facing charges or need to understand your rights, options, and the smart moves that could change everything after an arrest or probation violation, this is the essential guide you need.
