Probation Violation Attorney in Denton, TX

Probation Violations Attorney in Denton, TX

Motions to Adjudicate Guilt If you entered a plea and were placed on deferred adjudication probation any alleged violations of that probation will be contained in a Motion to Adjudicate Guilt (MTAG). Examples of common probation violations are failure to report to a probation officer, failure to pay costs, positive drug tests, and failure to complete a program.
 
The punishment in MTAG cases is up to the maximum term in jail or prison for the offense for which you were placed on probation. So if you were placed on probation for a Class A Misdemeanor (Assault, DWI 2nd, Assault Family Violence) you are facing up to 365 days in county jail in your MTAG case. If you were placed on probation for a Third Degree Felony (Possession of a Controlled Substance), you face up to 10 years in prison on your MTAG case. Motions to Adjudicate Guilt are filed with the Court that the original charge was in regardless of where the probation is being served. An MTAG will be given to the Judge and the Judge will issue a warrant for the arrest of the person alleged to have violated probation. You are entitled to a bond with an MTAG. Unfortunately, the warrants are often issued without a bond being set. That means you could be arrested on the MTAG warrant and held without bond until a Denton probation violation attorney arranges to have your bond set. Worse still, the MTAG can be filed and warrant issued without any notice at all to the person on probation. That can result in a very unpleasant surprise arrest. These arrests often take place at regularly scheduled probation meetings.
 

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When you entered your plea to the underlying offense and received your deferred adjudication probation the judge did not find you guilty. Instead the judge said something like, “I find that there is enough evidence to find you guilty but, I will defer a finding of guilt and place you on community supervision for a period.” That means no conviction was entered on your record. Having you finally convicted of the offense you were placed on probation for is one of the main goals of prosecutors in a MTAG case. The other main goal, jail time, is discussed below in “The Bottom Line” section. Though you were not convicted the offense still appears on your record. That record can be cleaned up (see the “Record Clearing” portion of this website) with an Order of Non-Disclosure. Your record can be cleaned up unless you are convicted because of an MTAG. Between avoiding a conviction and avoiding jail time you have a lot to fight for in an MTAG case. Be sure you hire a Denton Probation Violation lawyer that is good in a fight. Motions to Revoke Probation If you did not receive deferred adjudication probation when you entered a plea before the judge, you were placed on regular probation and a conviction was entered on your record. Any alleged violations of that probation will be contained in a Motion to Revoke Probation.
 
Examples of common probation violations are failure to report to a probation officer, failure to pay costs, positive drug tests, and failure to complete a program. Motions to Revoke Probation (MTR) are filed with the Court that the original charge was in regardless of where the probation is being served. An MTR will be given to the Judge and the Judge will issue a warrant for the arrest of the person alleged to have violated probation. You are not entitled to a bond with an MTR however many judges can be persuaded to set a bond on an MTR. Unfortunately, the warrants are often issued without a bond being set. That means you could be arrested on the MTR warrant and held without bond until a Denton probation violation attorney arranges to have your bond set. Worse still, the MTR can be filed and warrant issued without any notice at all to the person on probation. That can result in a very unpleasant surprise arrest. These arrests often take place at regularly scheduled probation meetings.
 
The punishment in MTR cases is up to the maximum term in jail or prison that was probated when you were placed on probation. So if you were placed on probation for a Class A Misdemeanor (Assault, DWI 2nd, Assault Family Violence) and the terms of probation were 270 days in jail probated for 2 years, you are facing up to 270 days in county jail in your MTAG case. If you were placed on probation for a Third Degree Felony (Possession of a Controlled Substance) and the terms of probation were 5 years in prison probated for 5 years, you face up to 5 years in prison on your MTR case.

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