Motion to Revoke vs. Motion to Adjudicate
If you are on community supervision and you violate the terms and conditions of your community supervision, you could be facing a motion to revoke (often called a “MTR”) or a motion to adjudicate (otherwise referred to as a “MTAG”). A motion to revoke is the motion filed if you are on probation and the State accuses you of violating your probation. A motion to adjudicate is a motion filed when you are on deferred adjudication and the State accuses you of violating your deferred adjudication community supervision.
If you are accused of violating your community supervision, you MUST take it seriously. Violations of community supervision (if found to be true) can result in you having to do jail time or prison time. If you become aware of any accusation that you violated your community supervision, call us right away!
Many times an experienced local criminal defense attorney can help you avoid the most extreme results of violating your community supervision, but it’s important to get an experienced attorney involved as soon as possible.
What’s the difference between a motion to revoke and a motion to adjudicate?
There are some subtle differences between a motion to revoke (probation) and a motion to adjudicate (deferred), but ultimately you can be sent to jail or prison under either motion if the judge finds you violated your probation or deferred.
Under probation, you have already been adjudicated guilty and the court is not required to take the additional step of adjudicating you guilty. So, when a motion to revoke probation in San Antonio is filed, the court can refuse to set a bond for you (remand you without bond) while you wait for your motion to revoke probation hearing. At the hearing, the State will be allowed to present evidence to the court to show how the State believes you violated your probation. Your criminal defense attorney will then be given a chance to confront the witnesses and evidence against you. The court will then decide whether it is “true” or “not true” that you violated each allegation (count) the State used to claim you violated your probation.
Under deferred adjudication, the process is pretty much the same. However, since your adjudication was deferred (the court deferred finding you guilty), the court is required to set a bond amount for you. You can not be held on a “remand without bond” warrant, once your attorney requests a bond be set. So, motions to adjudicate (deferred adjudication) have an advantage over motions to revoke (probation), because motions to adjudicate always entitle the accused to get a bond amount set.
How do I know if I have a motion to adjudicate or a motion to revoke?
The State and the courts often use the term “motion to revoke” interchangeably with the term “motion to adjudicate.” The title of the motion is not the determining factor on whether the court is required to set a bond or allowed to “no bond” you. You must determine which type of community supervision you are on: probation or deferred adjudication.
You can call the court and ask if you were placed on probation or deferred adjudication. If you were on probation, then it is a motion to revoke and the court is not required to set a bond amount for you while you wait for the court date to have the motion heard. If you were placed on deferred adjudication and are still on deferred adjudication, then it is a motion to adjudicate (even if the title of the motion is entitled a “motion to revoke”). If it is a motion to adjudicate (deferred adjudication), the court is required to set a bond upon request by your attorney.
What do I do if I am “remanded without bond”?
Your attorney will need to ask the court to set a bond. Many times the court will set a bond even if the court is not required to. So, do not just assume that nothing can be done to avoid being taken into custody when you find out you have an active warrant for a motion to revoke or motion to adjudicate.
Why am I “remanded without bond” if I am on deferred adjudication?
Oftentimes, courts still issue “remand without bond” warrants for individuals on deferred adjudication and require the defendant’s attorney to ask for a bond to be set before setting a bond. So, do not be alarmed if this happens to you.
If you learn you have an active warrant for either a motion to revoke or a motion to adjudicate, call us immediately. Once we are retained, we will go to your court and ask your judge to set the bond so you can turn yourself in and post your bond without having to go back through the jail or worse stay the night in jail.
“I can’t begin to express the gratitude I have for Jodi Soyars and all she accomplished in representing me.
My outlook was hopeless and she did not stop fighting till the very end and was able to get the best possible outcome to my surprise.“
Will I go to jail if I violated my probation?
Not necessarily. Even when the court finds that you violated your probation or deferred adjudication, it does not mean you will go to jail or prison. Courts often use intermediate actions to address probation violations. These include extending the period of community supervision, requiring outpatient/inpatient drug/alcohol treatment, or any other measure that addresses the probation violation.
In some instances, a defendant may be ordered to do up to 180 days in jail as a sanction for violating probation rather than being sent to prison for a number of years.
Retaining an experienced local criminal defense attorney gives you the best chance of avoiding jail and prison. Soyars & Morgan Law has handled many community supervision violations. We will help put together a strategy to address your particular court’s concerns and find out if the State will agree to withdraw the motion to revoke/adjudicate without the court having to make a ruling.
Should I use a court appointed attorney for my motion to revoke probation?
No. Court appointed attorneys are overworked and underpaid–which means you could sit in jail waiting for your court appointed to go ask the court to set a bond. You will want to retain an attorney that can respond immediately to your situation so you do not unnecessarily sit in jail.
Also, a good retained experienced San Antonio criminal defense attorney will not just settle for whatever the State offers. The experienced criminal defense attorney will present options to the State on how to resolve the violation, if the violation can not be resolved–your retained attorney will be able to help you decide whether to plea “true” to the violation or “not true” to the violation.
Get Experienced Legal Representation from Soyars & Morgan Law
If you or a loved one is facing a Motion to Revoke or a Motion to Adjudicate in Texas, you need an experienced legal team who will fight diligently for your rights.
At Soyars & Morgan Law, we recognize the anxiety and stress associated with these motions, and we are devoted to providing you with the individualized attention and aggressive representation you need. We have a track record of managing these types of matters successfully and delivering the best possible results for our clients. We are here to assist you in navigating the complex legal system and safeguarding your future.
Call us now at (210) 390-0000 to schedule a consultation and discuss how we can best assist you. You can also fill out our inquiry form to provide more detail by clicking here.