Motion To Revoke Probation
ARE YOU FACING A Motion to Revoke YOUR PROBATION?
Are you facing a motion to revoke your probation and want to a free consultation to see what the best next steps would be? A motion to revoke probation is a serious legal procedure that is a threat to your future and freedom. It isn’t something to take lightly, and a simple phone call can help you secure your rights.
If you are facing probation violations, new charges, and/or probation revocation in Dallas or the surrounding areas, do not attempt to handle this alone.
It is imperative that you reach out as soon as possible to the best lawyer in Dallas who can immediately help work towards a favorable resolution on your behalf.
THE ONLY DEFENSE ATTORNEY YOU NEED IS READY AND STANDING BY
Gallian Firm is standing by and is ready to begin tackling any and all issues that you are facing related to your motion to revoke probation and any associated charges. Don’t wait any longer! Contact Gallian Firm at (214) 432-8860 right away for a free consultation and move towards fighting this motion. Let’s answer a few questions that may help you moving forward.
WHAT IS A motion to revoke probation?
When an individual is placed on probation they are required to follow specific rules and meet certain conditions.
These conditions typically include one or more of the following:
The district attorney or your probation officer will file a motion to revoke probation if they believe that you are not meeting any of these conditions of your probation.
Gallian Firm is standing by and is ready to begin tackling any and all issues that you are facing related to your motion to revoke probation and any associated charges. Gallian Firm feature former prosecutors who have had hundreds of cases dismissed, including countless motions to revoke probation of their clients.
WHAT ARE SOME Probation Violations THAT MAY CAUSE A MOTION TO REVOKE TO BE FILED?
The most common reason that a motion for revocation occurs is the failure to report to scheduled meetings with your probation officer.
There are several other violations that may cause your probation officer to file for a motion to revoke your probation.
The Most Common Probation Violations Include:
- New Arrests
- Unpaid Fines
- Failure of Drug or Alcohol Test
- Failure to Complete Required Programs
- Possession of Weapons
Violation of Special Conditions:
Special conditions are case-specific provisions that bar an individual from certain actions and/or interactions. For example, you may be prohibited from seeing your spouse and/or children until a specific date, or until a program is completed. Or you may be barred from the premises of an establishment or previous employer.
WHAT IF A WARRANT HAS ALREADY BEEN ISSUED FOR MY ARREST?
A warrant is a normal part process after a motion to revoke probation has been filed. Remain calm. Your lawyer can fight to have bond granted before the date of your probation hearing. If a warrant has already been issued for your arrest, contact criminal defense attorneys Gallian Firm immediately to begin working your case. Your phone call will be answered 24/7.
AM I GOING TO JAIL IF I Violated My Probation?
A probation violation does not always mean that you will be forced to serve jail time. This will depend on the severity of the violations and the unique circumstances surrounding your case. Dallas criminal defense lawyers like Gallian Firm understand how to fight on behalf of their clients and provide their clients with alternative solutions that help them avoid incarceration.
The important thing is to continue to comply with your probation officer, attend scheduled meetings, and contact a Dallas criminal defense lawyer immediately.
CAN A Probation Violation be Dismissed?
Yes. Some probation violations have the potential to be dismissed in court with the help of an experienced criminal defense lawyer. Your lawyer can fight to arrange for an alternative solution for the violation.
For example, if a motion to revoke probation was filed as a result of a failed drug test, your lawyer may convince the state to allow you to avoid jail time with an agreement to participate in a counseling or drug rehabilitation program.
CAN A Motion to Revoke Probation be Withdrawn?
Again, the answer is yes. A motion to revoke probation may be withdrawn if your lawyer can prove that the allegations are unjustified. This can occur before the case ever makes it a former hearing. If the prosecution does not budge, your lawyer will fight these allegations during a probation violation hearing. The state will need to prove that you did violate your probation. The motion to revoke your probation can not be completed if the allegations cannot be proven.
WHAT STEPS SHOULD I TAKE IF A Motion to Revoke Probation Has Been Filed Already?
First, don’t panic. If you have been arrested for any charge or might have a motion to revoke your probation pending, you need to hire an exerienced criminal defense attorney. The sooner you hire an attorney, the better. Most of the time your probation officer will not tell you that you have a pending motion to revoke probation. Normally, the probation officer will wait for you to appear for your monthly check-in and they will have you arrested on the spot. If your probation officer told you ahead of the scheduled meeting that you had a pending motion to revoke probation, most people would not show up to that meeting in fear of the inevitable – being arrested.
If you haven’t been arrested, the lawyers at Gallian Firm can talk with the Court, the probation officer, or the prosecutor in hopes of getting the motion to revoke withdrawn or dismissed.
WHAT IF I HAVEN'T BEEN ARRESTED?
If you haven’t been arrested, the lawyers at Gallian Firm can talk with the Court, the probation officer, or the prosecutor in hopes of getting the motion to revoke withdrawn or dismissed. An experienced criminal defense attorney will know that the only way to defend these cases is to act quickly and swiftly. It is not a matter of if but when you will be arrested for a motion to revoke.
WHAT HAPPENS IF My Probation is Revoked?
If your probation is revoked there will be a warrant issued for your arrest. This process is swift, with most warrants issued in less than 48 hours. You will then face the amount of jail or prison time for which you were probated.
The good news is that you are still entitled to a hearing before sentencing is determined. This is why it is critical for you to reach out to experienced criminal defense attorneys like Gallian Firm the moment that you discover that a motion has been filed.
SHOULD I STILL REPORT TO MY Probation Officer IF THERE IS A WARRANT OUT FOR MY ARREST?
You must still report to your probation officer even if a warrant has already been issued for your arrest. Failing to report to your probation officer could be considered an admission of guilt regarding any of the allegations surrounding your probation revocation.
WHAT ARE THE POSSIBLE OUTCOMES IF I AM FACING A MOTION TO REVOKE PROBATION?
There are a number of possible outcomes if you are facing a motion to revoke. It is possible that the motion to revoke can be dismissed (like many of my cases before). It is also possible that the prosecutor can ask for additional courses, community service, etc and continue you on probation. Your probation length can be extended. Or, finally, it is possible that your probation can be “revoked” and you will be sentenced to time in county or state jail time. Your lawyer should be able to look at your motion to revoke probation objectively and figure out, before the prosecutors, what needs to be done. Being proactive and fighting quickly is the key to these cases and many others. If your hope is that you will be continued on probation without doing much, you are going to be in for a rude awakening. You need to hire a law firm who has the bandwidth and availability to work quickly, aggressively, and passionately. Call today!
CALL GALLIAN FIRM TODAY. LET US HELP YOU RIGHT AWAY.
It is imperative if you feel trapped and unsure of what to do next that you reach out and call (214) 432-8860 as soon as possible for a free consultation with Gallian Firm. Don’t wait, just give us a call. We are here to help.
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