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Motions to Adjudicate

Criminal Investigations

In Texas, the prosecutor or probation officer can file a motion with the judge requesting that you serve the rest of your sentence in prison instead of living free in the community. A motion to revoke (MTR) essentially takes away a person’s probation. This typically happens when the rules of probation are broken.

Motions to revoke are serious, as the State does not have the same burden of proof as a traditional criminal case. The team at Baron & Associates can help you review your options and determine the best way to fight back.

What is Probation?

Probation is a tool of the criminal justice system that is used to relieve the pressure on jails and prisons while keeping a measure of supervision on a person convicted of a crime. Many first-time offenders are sentenced to probation instead of jail.

The probation requirements set by the Judge can vary from one case to another but generally include a prohibition on committing further criminal acts. When the underlying crime is related to drugs or alcohol, there might also be mandatory blood testing to ensure sobriety.

If the State believes you have violated the terms of your probation, they can file a motion with the court to revoke this privilege. If successful, you could be forced to serve out the rest of that period in jail.

Do I Need a Lawyer?

A motion to revoke a probation hearing is not the same as a criminal trial, but that does not mean representing yourself is a good idea. In fact, you have fewer rights as a defendant during these proceedings than in your original trial. This is because anyone on probation has already been found guilty, meaning that the burden for revoking the terms of the probation is much lower than proving guilt beyond a reasonable doubt.

Given this lower burden, it is vital that you rely on experienced legal counsel throughout this process. A criminal defense attorney can work to have the motion denied, allowing you to remain out of jail as you serve out the rest of your probation.

Let Our Firm Help with a Motion to Revoke Probation

If the State is seeking the revocation of your probation, you have the right to fight back. A strong defense strategy could help you avoid revocation, allowing you to remain out of jail for the rest of your probation period.

The attorneys of Barton & Associates, Attorneys at Law, PLLC, are here to protect your rights and serve as your advocate. We look forward to using our experience to get the best possible outcome in your case. Contact us right away to learn more.

Motions to Revoke Probation

Our Clients Say...

We first met with Gary and he was very informative and said from the beginning he believed my husband’s case can be dismissed. We worked with Andrea and she always answered our questions in a timely matter. Then we met Brittany. Brittany was amazing!! Once in court after 24 hours we had a motion for dismissal filed. She was very thorough and explained everything to us. She answered all our questions. Highly recommend Barton & Associates to anyone!
— Jessica Horne
I highly recommend Barton & Associates! Very professional and punctual. Andrea M explained the entire process and relieved the stress when she negotiated no jail time on MTR! Lauren M. Is by far the most friendliest and fastest staff to respond with any concerns I had. If you want a lawyer that has your best interests, Gary Barton & Assoc should be your first choice! They go above and beyond for you!
— Ann Perez
Look no further. I was charged with a Class A misdemeanor with an additional charge in the toughest county in Texas (Comal County). Not only did they manage to get the state prosecutor to drop the additional charge but they also managed to lower my charge from a class A misdemeanor to a class B misdemeanor which resulted in a plea deal that only involved differed adjudication probation for me. This means that once my probation is over, the charge would be dismissed and ultimately expunged from my record. Throughout the whole process, any and all questions were quickly answered,…
— Jorge Dorantes
I wanted to wait until my case had every “i” and “t” dotted – and I know that making this review says a bit about me — but Barton & Assoc. have been an incredible and examplar help in my case, which was one of plainly dumb error. You will probably not have a basis of comparison, much like I didn’t, because most normal humans don’t look up reviews of criminal attorneys often. There may eventually come a time where a normally law abiding person needs their services though, and when you do this firm is exceptional.
— Alfred MacDonald
I cannot express enough how amazing this law firm is!!! The situation I was in was over the top stressful beyond measure. But then I came across Barton & Associates and it’s like everything just felt at ease after I asked them to handle my case. To start, I was originally denied to travel to Florida to do Hurricane work for the State of Florida Government by the State of Florida. But Mr. Barton was NOT having that. He knew it was my career, my bills, and my life. Mr. Barton wrote a letter within half an hour to the…
— Seth Phillips
Gary is a tremendous person, I sat down with him, and let him know how I was feeling, and how I saw things proceeding. Gary told me it was going to be alright no matter what and listend intently. I feel like he had my best interest in mind as a person and treated me kindly and honestly. I left his office way better than I walked in and I cant be more thankful for that.
— Stephen Joseph