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Q
Can my probation in Harris County be revoked without me being there? A Houston probation revocation lawyer answers

A

    No, if you were placed on community supervision in Texas it cannot be revoked unless you are present.  A defendant is entitled to a hearing prior to their probation being revoked.  At the hearing the State must be proved by a preponderance of the evidence that you have violated a condition of your supervision.  The only other way that these are resolved is if an agreement is reached and a hearing is avoided.

    Many people on probation are confused because when they are told that a judge has authorized the filing of a Motion to Adjudicate or a Motion to Revoke they believe that a decision regarding their community supervision has already been made.  However, the fact that the judge signed an arrest warrant does not mean that you have been revoked.  It means there is a Motion before the court stating the ways that the probation department believes your probation has been violated and the Judge found those allegations serious enough to warrant looking further into the allegations and to determine if you should be kept on community supervision.  If you know or believe that there is a Motion to Adjudicate or a Motion to Revoke your probation out there the best thing to do is to call an attorney experienced in these matters.  Just because a motion has been filed does not mean that you will be removed from probation and sentenced to jail or prison.  Additionally, it is not in your interest to avoid the matter because the longer you avoid the problem the worse it usually gets.  If you are on probation or deferred adjudication in Harris County, Galveston County, Fort Bend County, Montgomery County, or Brazoria County and are worried about being revoked please call us at 713-651-1444 or fill out an online contact form.