Violations of Probation & Deferred Adjudication in Texas: MTRs & MTAs 

Being placed on probation or deferred adjudication in Texas offers a critical second chance, allowing individuals to avoid immediate jail or prison time in exchange for complying with court-ordered conditions. However, this privilege comes with stringent requirements, and even a minor misstep can lead to severe consequences. If you are facing a Motion to Revoke Probation (MTR) or a Motion to Adjudicate Guilt (MTA) in Rockwall County, Dallas County, Kaufman County, Collin County, or Hunt County, your freedom and future are at stake.

Larman Law understands the complexities and high stakes of probation and deferred adjudication violation cases and is dedicated to providing assertive and strategic defense to protect your rights and work towards the best possible outcome.

Understanding Community Supervision in Texas

In Texas, "probation" is formally known as Community Supervision. There are two primary types:

1. "Straight" or "Regular" Probation (Conviction Entered): In this scenario, the judge has already entered a finding of guilt and formally convicted you of the offense. A specific sentence (e.g., 5 years in prison) is assessed, but the execution of that sentence is suspended, and you are placed on community supervision for a set period (e.g., 5 years of probation). If you violate, the judge can impose a sentence up to the maximum fixed by the original plea deal or sentence.

2. Deferred Adjudication (No Conviction Entered Yet): This is often considered a more favorable outcome, typically for first-time offenders. In deferred adjudication, the judge defers (postpones) making a finding of guilt and places you on community supervision. If you successfully complete all conditions, the case is dismissed, and you avoid a final conviction on your record (and may later be eligible for a non-disclosure order to seal your record). If you violate, the judge can then "adjudicate" you guilty.

Motions to Revoke (MTR) vs. Motions to Adjudicate (MTA)

When the State believes you have violated the terms of your community supervision, they will file a formal document with the court. The type of document depends on whether you are on "straight" probation or deferred adjudication:

• Motion to Revoke Probation (MTR): This motion is filed when you are on "straight" probation (where a conviction has already been entered). The MTR alleges that you have violated one or more conditions of your probation and asks the court to revoke your community supervision and impose the original, previously assessed sentence.

• Motion to Adjudicate Guilt (MTA): This motion is filed when you are on deferred adjudication. The MTA alleges that you have violated a condition and asks the trial court to make a formal finding of guilt (adjudicate you guilty) and then proceed to sentence you for the original offense.

Common Violations of Probation/Deferred Adjudication

Both MTRs and MTAs can be filed for a variety of alleged violations, including:

• New Offense: Being arrested for or charged with a new criminal offense (felony or misdemeanor).

• Technical Violations (violating the specific conditions of your community supervision):

  • Failing to report to your probation officer as required.

  • Failing a drug or alcohol test.

  • Failing to pay fines, court costs, or restitution.

  • Failing to complete required community service hours or treatment programs.

  • Changing address without permission.

  • Leaving the county or state without permission.

  • Associating with known criminals.

The Hearing and Burden of Proof

When an MTR or MTA is filed, an arrest warrant is typically issued, and you could be taken into custody. A hearing will then be set before the judge (there is no jury in these hearings).

• Lower Burden of Proof: Unlike a criminal trial where the State must prove guilt "beyond a reasonable doubt," in an MTR or MTA hearing, the State only needs to prove a violation by a "preponderance of the evidence." This means the judge only needs to find that it is "more likely than not" that a violation occurred.

• Judge's Discretion: If the judge finds that a violation occurred, they have several options:

  • Continue: Reinstate you on the same community supervision terms.

  • Modify/Extend: Add new conditions, extend the probation period, or impose a short jail sanction (e.g., "shock" time in county jail or a state jail facility).

  • Revoke/Adjudicate: Terminate community supervision and impose a jail or prison sentence.

The Critical Difference: Exposure to Punishment

The most significant difference between an MTR and an MTA lies in your exposure to punishment:

• Motion to Revoke (MTR): If your "straight" probation is revoked, the judge can only sentence you up to the maximum term that was originally assessed and probated. For example, if you were sentenced to 5 years in prison, probated for 10 years, the judge can send you to prison for up to 5 years.

• Motion to Adjudicate (MTA): If your deferred adjudication is revoked, the judge can sentence you to any term within the full statutory punishment range for the original offense. For example, if you received deferred adjudication for a Second-Degree Felony (punishable by 2-20 years in prison), the judge, upon revocation, could sentence you anywhere from 2 to 20 years in prison. This is a much broader range and often means significantly more severe potential consequences.

Impact on Future Enhancements: The Felony Probation Conundrum

This is a critical point, particularly for felony cases:

• Successful Deferred Adjudication: If you successfully complete deferred adjudication, the case is dismissed, and there is no final conviction. This means it generally cannot be used to enhance a future felony charge to a higher degree (e.g., making a Third Degree Felony a Second Degree, or a Second Degree a First Degree) under Texas' repeat and habitual offender laws.

• Successful "Straight" Probation: If you successfully complete "straight" probation, it is considered a felony conviction, but not a "final felony conviction" for purposes of the State's three-strikes law. Depending on the offense, other specific enhancement provisions may still apply.

• Revocation and Prison Sentence: If you are on either "straight" probation or deferred adjudication for a felony and your community supervision is revoked, resulting in a prison sentence being assessed, that prison sentence then serves as a prior felony conviction that can be used to enhance any future felony charges. This means a violation could not only send you to prison for the current offense but also make any subsequent criminal accusations much more severe.

Don't Face an MTR or MTA Alone

A motion to revoke or a motion to adjudicate is a serious legal challenge that can quickly strip away your freedom and impact your life for years to come. The lower burden of proof for the State means these cases are particularly difficult to fight without experienced legal representation.

Larman Law provides robust and proactive defense for clients facing MTRs and MTAs in Rockwall County, Dallas County, Kaufman County, Collin County, and Hunt County. For every case, Larman Law will review the allegations, challenge the evidence, negotiate with the prosecution, and vigorously represent your interests in court to seek the best possible outcome, whether that's reinstatement on community supervision, a modification, or fighting for a "not true" finding.

Your second chance is worth fighting for. Contact Larman Law today for a confidential consultation.

For More information on the services Larman Law offers, visit the Practice Areas page 

Want To Learn More? Visit the Updates page for the latest posts from Larman Law in Heath, Texas, or click below for more information about aspects of Texas law:

Disclaimer: This page is intended for informational purposes only and does not constitute legal advice. While Larman Law makes a diligent effort to ensure the accuracy of the information and to update posts as the law changes, laws are constantly evolving and subject to interpretation. Reading this page does not create an attorney-client relationship. For advice on your specific situation, please consult with a qualified attorney.