Motions
Criminal Offenses
Motion to Revoke Houston Probation
Probations are privileges granted to persons convicted of a criminal offense to remain free instead of going to jail. However, said privilege can be rescinded if the person violates the terms of his or her probations.
If the probation officer deems the violation as a minor issue, he or she can just extend the probation period or make the terms stricter. On the other hand, if the probation officer believes there is a significant breach of probation terms, he or she will report the violation to the District Attorney, who will then file a motion to revoke probation with the court.
If the motion is granted, the probation is revoked and an arrest warrant is sent to law enforcement. After the arrest is made or if the person turns himself or herself in, he or she will receive a court date.
Houston Motion to Adjudicate Guilt
Deferred Adjudication Probation is a privilege extended to first-time offenders charged with misdemeanors. This is made possible through a plea bargain usually facilitated by a competent Houston criminal lawyer. When a person accepts deferred adjudication, he or she pleads guilty to the criminal charge and the judge in turn defers a finding of guilt. If the person is able to successfully complete the deferred adjudication probation without any complication, then the court will dismiss the charge against him or her.
However, if the terms of the probation are violated, the state can initiate the revocation of the probation by filing a Motion to Adjudicate Guilt. In the aforementioned motion, the State will file a motion to the court detailing the violations of the deferred adjudication probation terms.However, if the terms of the probation are violated, the state can initiate the revocation of the probation by filing a Motion to Adjudicate Guilt. In the aforementioned motion, the State will file a motion to the court detailing the violations of the deferred adjudication probation terms. The state will then ask the court to convict the defendant of the crime he or she was on probation for. Note that the courts have in record the defendant’s admission of guilt, and violating his or her Deferred Adjudication Probation will expose the defendant to the full jail time for the crime he or she committed. As with the Motion to Revoke Probation, a Motion to Adjudicate Guilt will involve a hearing where the defendant can use the services of a good lawyer.
Houston Criminal Lawyer That Will Fight For You
The motions discussed above pertain to a scenario where a defendant received a favorable settlement, but through some unfortunate circumstances failed to fully abide by the terms of his or her probation. In such cases where the courts have been forgiving by granting the earlier probation, they may be less likely to grant further considerations. That is why you need an experienced Houston criminal lawyer that will advocate for you to have a fighting chance. You will need a compassionate lawyer that can elicit the same virtue from the courts. Call us now for a consultation.
