If you’re on probation in Texas and receive a motion to revoke (MTR), fear and uncertainty often follow. That’s understandable! A probation violation can place your freedom at risk and expose you to the full sentence the court originally suspended.
Understanding what this document means and how to respond quickly is essential to protecting your future. I’m David Reed, an experienced probation revocation attorney, and below, I provide actionable steps you must take as soon as you’re served with an MTR.
What Does a Motion to Revoke Probation Mean?
A motion to revoke probation is a formal request filed by a prosecutor that claims you’ve violated one or more conditions of your probation. If a judge grants the motion, your probation can be revoked, and you may face jail or prison, so immediate action is critical.
What are the Most Common Reasons for Revocation of Probation?
- Missing scheduled meetings with a probation officer.
- Failing a drug or alcohol test.
- Committing a new offense.
- Falling behind on court-ordered fees or restitution.
- Skipping required community service or treatment programs.
What Happens If You Get an MTR in Texas?
If an MTR is filed against you in Texas, the court will schedule a revocation hearing. These hearings usually move quickly. If you are in custody, the hearing often takes place within about 20 days.
Unlike a criminal trial, there is no jury. A judge alone will hear the evidence to decide if a violation occurred and what the punishment should be.
Because the outcome can include jail or prison, your response in the days following service of the motion is critical. Here are the steps to take immediately:
- Stay Calm & Read the Document
- Act Quickly
- Contact a Probation Revocation Attorney Immediately
- Gather Evidence & Information
- Avoid Further Violations
- Prepare for the Hearing
- Prepare for All Possible Outcomes
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Step 1: Stay Calm and Read the Document
Your first reaction may be panic, but take a deep breath and read the motion carefully. It will outline the alleged violations and give you clues about what the prosecution intends to argue.
Understanding the accusations is the first step toward preparing a defense. Otherwise, how could you identify weaknesses in the prosecution’s case against you?
Step 2: Act Quickly
Time matters in probation revocation cases. A court hearing will usually be scheduled soon after you receive the motion.
Waiting to act can limit your options and weaken your case. The sooner you respond, the better your chances of avoiding harsh penalties.
Step 3: Contact a Probation Revocation Attorney Immediately
The most important move you can make is to contact a probation revocation attorney as soon as possible. A criminal defense attorney can:
- Review the motion to identify weaknesses in the allegations.
- Advise you on your legal rights and possible defenses.
- Gather evidence or witnesses that support your case.
- Negotiate with prosecutors for alternatives to revocation.
- Represent you at the hearing to challenge the claims against you.
Without experienced representation, you risk entering the courtroom unprepared for the strategies prosecutors often use to secure a revocation.
Step 4: Gather Evidence and Information
Documentation strengthens your defense and shows the court that you are taking the process seriously. While your attorney will guide you, you can help by collecting relevant records. These may include:
- Proof of completed community service or treatment sessions.
- Payment receipts for fees or restitution.
- Work or medical records that explain missed appointments.
- Witnesses who can confirm your compliance.
Step 5: Avoid Further Violations
From the moment you receive the motion to revoke, follow every condition of your probation as strictly as possible. Attend all appointments, stay drug and alcohol free, and complete any outstanding requirements. Demonstrating compliance during this period can influence the judge’s decision.
Step 6: Prepare for the Hearing
At the hearing, the prosecutor must prove the alleged violations by a preponderance of the evidence, which is a lower standard than in a criminal trial. This makes having a strong defense even more important.
Review your possible strategies with your attorney. These may include:
- Challenging the credibility of the evidence presented.
- Showing that violations were excusable or based on misunderstandings.
- Arguing for alternative outcomes like modified probation instead of incarceration.
Step 7: Prepare for All Possible Outcomes
The judge may:
- Deny the motion and allow you to continue probation as before.
- Modify your probation with stricter conditions.
- Extend the length of your probation.
- Revoke your probation and impose imprisonment.
The outcome often depends on how well your attorney challenges the allegations and demonstrates your commitment to compliance. For your part, it’s vital that you make preparations for every possible outcome to ensure that you and your family aren’t taken by surprise.
Protect Your Future After an MTR with an Expert Probation Revocation Attorney
Being served with a motion to revoke probation doesn’t automatically mean your freedom will be taken away. What you do immediately after receiving the motion plays a significant role in shaping the outcome.
Acting quickly, securing skilled legal counsel, and presenting strong evidence can make the difference between continued probation and incarceration. If you’re facing an MTR in Central Texas, consulting with an Austin criminal defense attorney who understands the local courts can give you the strongest chance of protecting your future.
To identify what you should do next to ensure the best possible outcome for your unique situation, contact the Law Office of David Reed right away.