Q:

What is a motion to revoke probation in Texas?

A:

When the state of Texas legal system deems a parolee to be in violation of their probation a motion to revoke probation is filed, and if granted, an arrest warrant may be issued. Before probation can be revoked, a probation revocation hearing is held in front of a judge, according to Guest and Gray criminal defense lawyers.

At the probation hearing, the state must prove by a preponderance of the evidence that the parolee has violated terms of their probation. Parolees are not entitled to a jury trial during probation hearings. Common actions that can lead to having one's probation revoked in Texas include getting arrested for an offense, committing another crime, failing drug tests, failure to report to a probation officer and not complying with court ordered classes or community service.

In Texas, a probation revocation warrant is known as a Blue Warrant. These are issued without prior warning to the parolee, according to Lawyers.com. The parolee can be taken into custody without bond under these circumstances. However, parolees do have rights of due process under the law.

Should the parolee be found guilty of violating parole, the judge can give a range of punishments. On the milder side, probation could be extended for a longer period. On the serious side, the parolee is sentenced to do jail time.


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