Motions to Revoke Probation or Adjudicate Guilt
Motions to Revoke Probation or Adjudicate Guilt San Antonio Attorney
Many individuals elect to plead guilty or no-contest in exchange for a probationary sentence. In such circumstances, the court can convict you of the crime, but “probate” your sentence; this means that the court will impose requirements and conditions upon you instead of sentencing you to jail or prison.
This type of sentence is a form of contract. The judge agrees to probate your sentence in exchange for your good behavior and compliance with all conditions set by the court. If you fail to comply with any of those conditions, or commit a new offense while under the supervision of the court, the court can revoke your probation and send you to jail or prison for the term originally set by the court at sentencing.
The procedures of revocation are slightly different from those in a conventional criminal case where the defendant has not been convicted. The defendant is, nevertheless, entitled to due process of law, and has a right to contest the allegations set out in the motion to revoke.
Motions to adjudicate guilt are similar to motions to revoke probation, except that in such a case, the Defendant’s plea of guilty or no contest was “deferred,” meaning that he or she has not been formally adjudicated guilty. Apart from the question of bail, which is only available as a matter of right in motions to adjudicate, these two types of community supervision motions are handled similarly.
San Antonio Probation Defense Attorneys
If you or someone you know are facing a Motion to Revoke Probation hearing, contact Hunter, Lane & Jampala PLLC today.
Schedule your free consultation today by calling (210) 966-8278.