What Happens at a Motion To Revoke Probation Hearing

Facing a motion to revoke probation hearing can be a very scary hearing to face. A Motion to Revoke is a document that asks the court to revoke, or take away someone’s probation and send them to a term in jail or prison for which the sentence originally called for.

In Bexar County, the first appearance a defendant facing in a motion to revoke hearing is an opportunity for the defense counsel to speak with probation and the District Attorney to see if there is an agreement that can be reached. The probation officer that is in court will provide the attorney with details about the violations listed in the Motion to Revoke, as well as violations not listed in the motion itself. Probation will make a recommendation about the resolution to the case. The District Attorney will review the information provided by probation and also make a recommendation.

If both parties come to an agreement about a recommendation that will be made to the judge, the case is then presented and taken up by the judge. The judge then decides if he or she will go along with that recommendation. The judge is not bound by that recommendation, however. If the parties cannot come to an agreement, the case can then be heard as a contested hearing in front of the judge. At times, the case may be reset for a future date for a contested hearing. At the contested hearing, the State has to prove that at least one violation in the Motion to Revoke occurred in order for the judge to revoke the probation. Each side will have an opportunity to put on witnesses and question them in regards to the allegations in the Motion to Revoke.