When someone violates their probation

I’ve written before about the two different types of probation in Texas – regular and deferred. In this article, I’ll discuss what happens if someone violates a condition of their probation.

While someone is on probation – they usually have a lot of conditions attached to it. If someone violates one or more of those conditions, then the State files a motion to revoke that probation. In that motion, the State will list what conditions of probation were violated and how. For example, if someone tested positive for drugs while on probation, we would list in the motion when and where they tested positive and what drug it was. After we file that motion to revoke the probation the defendant will be arrested and the motion gets set for a hearing.

At the hearing, the defendant can plead that the allegations in the motion to revoke probation are either “true” or “not true.” If the defendant pleads “true” then the judge gets to decide what should happen to the defendant. Either continue them on probation with new conditions or revoke the probation and send the defendant to prison. If the defendant pleads “not true”, then the State has to prove the allegations in the motion, usually through witnesses and testimony. This type of hearing is only in front of the judge, the defendant has no right to a jury.

After this hearing, the judge will decide whether the State has proved the allegations to be true or not. If the allegations are proven true, then the judge will decide what the appropriate punishment should be. If the allegations are not proven true, then the defendant will just continue probation.

As always, I am available for question or comments at daoffice@milamcounty.org or P.O. Box 713 in Cameron, TX.