Austin defense attorney Charlie Roadman discusses Motions to Revoke Probation (also called Application to Revoke Probation) and the typical outcomes. An MTRP occurs when a probation officer, judge, or prosecutor accuses someone of not complying with their probation terms. Common reasons for an MTRP include substance abuse, new arrests, missing probation meetings, or failure to attend required counseling.
If an MTRP is filed, it can lead to either a warrant or a summons. A warrant is more common and indicates a judge's order for arrest, while a summons is used for less serious violations and simply sets a court date.
Roadman discusses the possibility of fighting an MTRP. A hearing can be held where the judge determines if probation terms were violated. The standard for judgment is the "preponderance of the evidence," meaning if the judge is 51% convinced of the violation, they can revoke probation and impose jail or prison time.
An attorney can sometimes get a warrant recalled by negotiating with the judge and prosecutor to switch to a summons, avoiding immediate jail time for the individual.
There are two possible outcomes of an MTRP hearing: either the individual's probation is continued, potentially with additional requirements, or the probation is revoked, leading to jail or prison time.
Charlie is the author of The Defendant's Guide to Defense: How to Help Your lawyer Get the Best Result (Misdemeanor Edition) : [ Ссылка ]
For more information on Charlie: [ Ссылка ]
