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Blogs from May, 2013


Being on probation in Texas entails having community supervision but a Motion to Revoke Probation (MTRP) holds severe consequences. Probation is essentially a second chance for an offender to be on good behavior. Along with probation comes guidelines which vary from case to case but if an offender violates any term of his or her probation, they can be resentenced. The resentencing in court is called a motion to revoke probation. A revoked probation could lead to jail time or a prison sentence which is why it is important to have a skilled criminal defense lawyer by your side when facing this motion.

You Have a Right to a Hearing

You are allowed to have a hearing before your probation can be officially revoked. This hearing is your chance to defend yourself and fight to keep your probation and stay out of prison. The difference between this hearing and your first sentencing hearing is that now there is not a jury trial and the court no longer has to prove within reasonable doubt that a violation occurred. In this hearing, the court considers the Preponderance of Evidence (POTE) meaning they look at the truth of the evidence and if there is any evidence in the claim the sentencing can be changed.

How Can an Attorney Help You Avoid Resentencing?

In order to have the best possible chance to avoid resentencing, contact a San Antonio criminal defense attorney who can make sure you take the correct measures for your protection. There are several actions that should be done prior to the hearing and our lawyers can assist you with all of the following procedures:

  1. Questioning the accuracy of the filing for the MTRP
  2. Reviewing all terms of your probation
  3. Thoroughly investigating the claim of violation against you
  4. Building a strong case to defend against the claim
  5. Calling witnesses to testify for you at the hearing
  6. Negotiating for possible alternatives with the probation officer

If the claim is not settled outside of a hearing, the attorneys at The Law Office of John J. Fox are familiar with the hearing process as well. We have experience providing aggressive representation for our clients and we will not hesitate to fight for the rights of each of our clients in a hearing. Some of the ways that we can represent you in a hearing include: forcing proof of the claim, cross-examining witnesses, testifying on your behalf and negotiating a favorable settlement.

Looking for an Aggressive MTRP Criminal Defense Attorney in San Antonio?

If you are facing a Motion to Revoke Probation seek help as soon as possible to have the best opportunity of avoiding resentencing. Our San Antonio MTRP lawyers may be able to help fight for you to keep your probation and stay out of jail. Call our firm today to schedule your free case evaluation!