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Motions to Adjudicate

A motion to adjudicate is usually filed by the prosecutor at the request of the probation officer because you violated one or more of your conditions of probation. It is termed a motion to adjudicate because when you were put on this type of probation, the judge told you that he had sufficient evidence to find you guilty but was deferring (putting off) convicting you and that if you completed the probation, the case would be dismissed. This was a way to avoid a conviction. If the case is ultimately dismissed, you may be able to get the record sealed. See the section in this website on sealing records for more information in that area: http://stevenclaryattorney.com/sealing_records.php

 

 There are several diffences between a Motion to Revoke (MTR) and a Motion to Adjudicate (MTA). The main difference is that in a MTA, you could be subject to the full range of punishment for the offense. Assume a person was put on deferred adjudication probation for 10 years for aggravated assault with a deadly weapon. This is a second degree felony carrying up to 20 years in the penitentiary. Assume the person violated one or more conditions after completing 8 years and a MTA was filed. He would be subject to being sentenced up to 20 years in the Pen. Whereas, on straight probation (ie non deferred adjudication) he would be facing at the maximum the amount of time he was sentenced to jail when put on probation . For example, on a second degree felony he is sentenced to 5 years probated for 10 years. If his probation is revoked, the maximum time he would face would be 5 years.

 

It is strongly suggested you hire an attorney if a MTA has been filed on you. There are lots of technicalities that could have a very significant impact on the outcome of the case.

 

Unlike a MTR, a person does have a right to a bond on a MTA.

 

Several things can happen after a MTA is filed and after you are arrested. You may be kept on probation with no further action, you could be adjudicated (convicted) and put back on probation, you could sentenced to jail and this could up to the full range of punishment for the offense. You also have a right to a revocation hearing if you feel you did not violate the condition(s). If you win, you may be kept on probation. If you lose, you may be sanctioned (do some jail time or something else) and put back on probation, or convicted and put back on probation, or convicted and sentenced up to the full range of punishment for the offense.

 

As mentioned above, the main danger in a MTA is that you could be sentenced up to the full range of punishment. This would also result in a conviction on your record that will stay there forever.

 

It is strongly suggested that you BITE THE BULLET and hire an attorney to talk for you and try to mitigate or avoid the adverse outcome that could occur with a MTA.

 

Feel free to call us toll free at 1-800-630-5985 for a friendly, courteous, and free consultation.

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