Being served with either a Motion to Revoke or to Adjudicate is unnerving, to say the least. One day you are free, and the next your future is at stake. That is why you need to consult an experienced probation or deferred adjudication lawyer who can fight for your freedom.
Violations can be filed for a variety of reasons, including:
- new arrests (frequently called, new law violations)
- absconding or failing to report
- failure to perform community service
- failed drug tests
- failure to obtain either a GED or a HS diploma
- failure to pay fines &/or restitution
The filing of a Motion to Adjudicate, exposes you to the full range of punishment for the offence to which you plead guilty. So, if you plead guilty to a State Jail felony, your exposure could be 6 months to 2 years. Likewise, if you plead guilty to a First Degree Felony, your exposure could be 5 to 99 years (or life). As you can see, the consequences of a violation could be disastrous.
If you received a sentence of straight probation, the consequences of a violation are limited by the actual sentence received.
Most Revocation and Adjudication hearings are held within one to two months of a probationer’s arrest. So, it is so important that you find an experienced lawyer who can act quickly to gather all relevant evidence and effectively argue your case to the Court.
Commonly Asked Questions:
Q. I noticed that the motion mentions something that I did years ago, can they do that?
A. Yes. Everything that you do, while you are on probation, is documented by your probation officer. It is not uncommon for a motion to contain allegations that were committed over a year ago.
Q. What if I’ve already seen the Judge for one of the acts alleged in the motion?
A. The motion will allege all violations committed while a person was on community supervision – even if you have already spoken to the judge about it.
Q. What if I committed some of the violations alleged, but not all? Can they still revoke or adjudicate me?
A. Yes. The State only needs to prove that you committed one of the acts alleged on the motion.
When fighting either a Motion to Revoke Probation or a Motion to Adjudicate Guilt, it often appears that the deck is stacked against you. That is why you need to contact an experienced revocation lawyer – one who knows how to best present your case to a Judge. With over forty (40) years of combined legal experience, the Probation Revocation Lawyer at Law Offices of Steven A. Hershkowitz will work hard to present mitigating evidence and we will leave no stone unturned when searching for legal or factual defenses.
Call 281-667-9414, or email the experienced probation attorneys at Law Offices of Steven A. Hershkowitz for a free consultation. We will fight for your freedom.