Probation Revocation

Individuals are usually given probation (or "community supervision") in lieu of serving jail time.  Probation is essentially the suspension of a jail sentence. The individual who has been placed on the "probation" has either been convicted of a crime or placed on deferred adjudication. However, instead of serving a jail sentence, the individual has been found by the Court to be a candidate for probation and will be allowed to remain in the community.

A condition of probation is an agreement to abide by certain conditions set forth by the Court. The individual is usually under the supervision of a probation officer, and required to have regular meetings in certain intervals, usually monthly.  Generally speaking, the conditions include maintaining suitable employment, abstaining from engaging in any future criminal offenses, paying probation fees, and regular contact with the probation officer, attending court ordered classes and/or counseling, and successfully passing drug tests, among other things.

Motions to Revoke Probation

After being placed on probation, a "Motion to Revoke" (MTRP) can be filed if the person does not comply with any of the requirements of the supervision. The motion to revoke probation will allege that the probationer violated certain conditions of probation.  Individuals often incorrectly assume that their probation officers can "revoke" their probation.  This is incorrect.  

Once a motion to revoke probation is filed, a hearing is usually scheduled where the probationer has an opportunity to defend himself against the allegations set forth in the motion.  The burden is on the state to prove the individual violated the conditions of his probation set forth in the motion to revoke.  An individual is not entitled to a jury trial in a motion to revoke probation.  Instead, the hearing is conducted before the sentencing judge usually where the case was first heard.  

The state must prove through a "preponderance of evidence" that the conditions alleged that were violated, meaning it is "more likely than not" the violations occurred.  The probationer, as with jury trials, is afforded many rights at motions to revoke probation hearings.  For example, probationers can subpoena witnesses and evidence, as well as cross-examine witnesses against them.

If the government meets their burden and the probationer is found to have violated the conditions of the probation, this does not mean automatic jail time.  The sentencing judge has many options they can employ, including extending the length of the original probation period, imposing additional fines and costs, requiring court-ordered counseling, and/or requiring the probationer to submit to drug or alcohol treatment programs.  However, the judge can also choose after finding the allegations to be "true" to impose a certain amount of jail time as punishment. This can be a very lengthy period of time, depending on the underlying nature of the charge and what the maximum range of punishment is.

Contact Now

The Law Offices of Carl David Ceder, PLLC, is dedicated to representing the rights of those who have been accused of violating a condition of their probation.  Carl will do everything in his power to help you with motions to revoke probation, and can help give wise counsel and advice to obtain a successful outcome.  Whether you have been accused of violating your probation or you have already been formally charged with a motion to revoke probation, The Law Offices of Carl David Ceder, PLLC, can help.   Please call 214.702.CARL (2275) for a free initial consultation to discuss your probation revocation case.

Contact Carl David Ceder

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Carl David Ceder is an experienced Probation Revocation Attorney who practices all over the Dallas-Fort Worth Metroplex, including all of Dallas and Dallas County, Plano, McKinney and all of Collin County, Denton County, Fort Worth and all of Tarrant County, Ellis County, Rockwall County, Kaufman County, and all adjoining counties:

  • Dallas Probation Revocation Attorney - Dallas, Highland Park, University Park, Addison, Cedar Hill, Carrollton, Cockrell Hill, Coppell, DeSoto, Duncanville, Garland, Grand Prairie, Grapevine, Irving, Lancaster, Lewisville, Mesquite, Richardson, Seagoville, Wilmer, Wylie
  • Collin County Probation Revocation Attorney - Plano, McKinney, Frisco, Carrollton, Celina, Dallas, Fairview, Garland, Lucas, Melissa, Murphy, Nevada, New Hope, Prosper, Richardson, St. Paul, Westminster, Weston, Wylie
  • Denton County Probation Revocation Attorney - Dallas, Argyle, Aubrey, Bartonville, Carollton, Coppell, Corinth, Denton, Flower Mound, Fort Worth, Hebron, Highland Village, Justin, Lake Dallas, Lakewood Village, Lewisville, Northlake, Plano, Prosper, Southlake, The Colony, Westlake
  • Tarrant County Probation Revocation Attorney - Fort Worth, Keller, Southlake, Arlington, Bedford, Burleson, Colleyville, Crowley, Euless, Everman, Flower Mound, Grapevine, Grand Prairie, Hurst, Lakeside, Mansfield, North Richland Hills, River Oaks, Saginaw, Westlake
  • Rockwall County Probation Revocation Attorney - Dallas, Fate, Heath, Mobile City, McLendon-Chisholm, Rockwall, Rowlett, Royse City, Wylie, Munson, Blackland
  • Kaufman County Probation Revocation Attorney - Ables Springs, Combine, Cottonwood, Crandall, Dallas, Elmo, Forney, Grays Prairie, Kaufman, Kemp, Mabank, Mesquite, Oak Grove, Oak Ridge Poetry, Post Oak, Bend City, Rosser Scurry, Seagoville, Seven Points, Talty, Terrell
  • Ellis County Probation Revocation Attorney - Bardwell, Cedar Hill, Ennis, Ferris, Grand Prairie, Glenn Heights, Mansfield, Maypearl, Midlothian, Ovilla, Pecan Hill, Red Oak, Waxahachie, Red Oak, Oak Leaf, Italy

Areas of Practice

 

Criminal Defense
  • All Criminal Defense Cases
  • Federal Charges
  • Juvenile Cases
  • Expunctions
  • Motions for Non-Disclosure
  • Motions to Revoke Probation
  • Federal Charges
  • Weapon Charges
  • Unlawful Carrying of a Weapon
  • Criminal Trespass
  • Terroristic Threat
  • Failure to Identify
  • Credit Card Abuse
  • Engaging in Organized Criminal Activity
  • Resisting Arrest
  • Evading
  • Theft
  • Shoplifting
  • Burglarly
  • Robbery
  • Murder
Personal Injury
  • All Personal Injury Claims
  • Car
  • Truck Accidents
  • Bicycle and Pedestrian Accidents
  • Motorcycle Accidents
  • Wrongful Death
  • Slip & Fall Claims
  • Premises Liability
  • Products Liability
  • Vehicle Defects
  • Medical Malpractice Claims
  • Day-Care Liability
  • Nurshing Home Negligence
DWI/DUI
  • All DWI Charges
  • Driving While Intoxicated (DWI)
  • Driving While Intoxicated (DWI) 2nd or More
  • Driving While Intoxicated with Child Passenger
  • Intoxication Assault
  • Intoxication Manslaughter
  • Driving Under the Influence (DUI)
  • Occupational Driving Licenses
  • Administrative License Revocation Hearings (ALR's)
  • Driving While License Invalid
  • Public Intoxication
  • Minor in Possession of Alcohol
Drug Charges
  • All Drug Charges
  • Possession of Marijuana
  • Felony Drug Charges
  • Possession of a Controlled Substance
  • Delivery of a Controlled Substance
  • Drug Manufacture/Sales
  • Trafficking
  • Importation
  • Cultivation
  • Marijuana
  • Cocaine
  • Methamphetamines
  • Prescription Drug Charges
  • Possession of Drug Paraphernalia
  • Possession of Manufacturing Equipment
Assault Charges
  • All Assault Charges
  • Assault Bodily Injury
  • Domestic Violence
  • Assault & Family Violence
  • Protective Order Hearings
  • Aggravated Assault
  • Aggravated Assault with a Deadly Weapon
  • Sexual Assault
  • Aggravated Sexual Assault
  • Kidnapping
  • Manslaughter
  • Involuntary Manslaughter
White Collar Crime
  • All White Collar Crimes
  • Fraud
  • Mortgage Fraud
  • Credit Card Fraud
  • Insurance Fraud
  • Bank Fraud
  • Computer Fraud
  • Bribery
  • Embezzlement
  • Extortion
  • Money Laundering
  • Insider Trading
  • Securities Trading
  • Misapplying Property
  • Counterfeiting
  • Racketeering
  • Tax Evasion
Sex Offenses
  • All Sexual Offenses
  • Sexual Assault
  • Aggravated Sexual Assault
  • Sexual Assault of a Child
  • Rape
  • Statutory Rape
  • Indecency with a Child
  • Indecent Exposure
  • Lewd Conduct
  • Prostitution
  • Solicitation of a Prostitute
  • Child Ponography
  • Solicitation of a Minor
Family Law
  • Divorces
  • Child Support
  • Child Custody
  • Modifications
  • Adoptions
  • Orders of Protection

 

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