In this blog, I am going to teach you what to do and not to do if you are facing a motion to revoke probation (also known as a motion to revoke community supervision) or a motion to adjudicate guilt, which is what the State files when you are alleged to have violated any term of a deferred adjudication community supervision.
The first thing you need to do when you bond out is to figure out if you are still on probation. When you were sentenced on the original case or cases, the judge put you on probation for a term of months or years. For example, let’s say you were placed on probation in 2024 and given two years of deferred adjudication probation. In 2025, the State files a motion to revoke your probation, and you are arrested on that in 2025 and post bond in 2025. When you get out, you are still on probation! Your probation is not up until 2026, two years after it was imposed.
I cannot tell you how many probation violation cases I have had in which a defendant, still on probation but facing a motion to revoke probation, takes the position of, “well, if they are already violating me, then I am done with trying to comply with my probation.” And then such a client fails to report to probation, stops paying fees, etc. This is the worst thing a Defendant in that position can do.
If when you get out on bond on your probation violation case, you are still on probation, the very first thing you need to do is make contact with your probation officer and tell that person, “I want to do everything I can to comply with my probation now.” And then you need to do it.
If you are able to demonstrate, while out on bond for a probation violation case, that you are now able to abide by your probation while the violation case is pending, it greatly increases the odds that your violation case will be resolved without you having to serve further time in jail or prison.
The second thing you need to do is check to find out what bond conditions you are under. A copy of these conditions will be attached to your bond when you are released. And then you need to comply with each and every bond condition for the pendency of your violation case or at least until I can file and get a favorable ruling on an application for a writ of habeas corpus to get you out from under any unduly oppressive bond condition.
In short, your ability to comply with your probation violation bond conditions, along with your ability to comply with the terms of any still active remain period of probation, both make a huge impact on the ultimate resolution of your probation violation case.
If you are facing a motion to revoke probation or a motion to adjudicate guilt, contact me today. In the over twenty years I have in practicing criminal law exclusively, I have learned creative ways to shut you probation officer up and work out resolutions with the DA that will keep you out of jail or prison. Help me help you by following what we learned in this blog.