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Motions to Revoke

A Motion to Revoke (MTR) is usually created by the prosecutor at the request of the probation officer because the defendant has not satisfied one on more conditions of his probation. It is important to point out at this point that a MTR is different from a Motion to Adjudicate. The next menu item covers this situation.

 

Once a motion is filed it will create a warrant for the defendant's arrest. In many cases, a person will not be allowed a bond but in many cases will. If a bond is set, it will normally be double what the bond was when he was originally arrested on the charge.

 

Once the defendant is arrested, he has a right to an attorney and a right to a hearing termed a Revocation hearing. This hearing is before the same court where the defendant was originally was put on probation. The judge will, after hearing the evidence from the prosecutor and the defendant, makes a decision on the action to take.

 

The outcome could be that the defendant is continued on probation with no further action, is sanctioned (ie this means in many cases he will have spend some time in jail), then continued on probation, or his probation can be revoked and he will have to serve his time in the appropriate jail (county, state jail, or penitentiary.

 

The time that will be spent could be the full sentence that was negotiated at the time the original case was adjudicated (ie concluded).  For example if you were sentenced originally to 6 years and it was probated for 10 years, you are subject to being sentenced to 6 years. This is eventhough you may have completed 9 years of probation. Many times, however, an attorney can negotiate the jail time down a considerable amount.

 

It is very important to retain an attorney when a MTR if filed. He will look to see why the motion was filed and will negotiate with the prosecutor and the probation officer to try to get you through this with minimal impact on your future. If a deal cannot be worked he can schedule and conduct a revocation hearing to force the prosecutor to prove that you violated the alleged conditions. This gets more information in front of the judge for him to make a decision.

 

If you admit that you violated a condition or conditions of probation, this is called pleading true. If a deal cannot be worked out with the prosecutor, you can go "open" to the judge. This is a hearing that your attorney schedules where you plead true to one or more of the conditions the probation department is saying you violated and evidence is presented to try to get the judge to give you a better deal than you could have gotten from the prosecutor. \

 

AGAIN, BITE THE BULLET AND HIRE AN ATTORNEY. He will know the do's and don't's to get you through this with minimal impact on your future.

 

Call us at 1-800-630-5985 for a friendly, courteous and free consultation.

 

 

 

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