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Allen Probation Violation Lawyers
A motion to revoke or motion to adjudicate is not a new criminal case but it can carry consequences just as severe, and in some respects worse. Unlike the original case, the state does not have to prove the alleged violation beyond a reasonable doubt. There is no jury, hearsay is admissible, and the judge alone decides. For a defendant on deferred adjudication, the stakes are even higher: the court can sentence up to the full statutory maximum on the original offense, often far beyond what the original plea agreement contemplated.
Deandra Grant Law represents clients facing probation violation proceedings in Allen, Plano, McKinney, Frisco, and throughout Collin County. Call (214) 225-7117 to discuss your case.
Texas Community Supervision — CCP Chapter 42A
Texas uses the term “community supervision” for what most people call “probation.” Code of Criminal Procedure Chapter 42A governs the imposition, conditions, modification, and revocation of community supervision in Texas state courts. Chapter 42A was enacted in 2015 to consolidate and replace the former Article 42.12. The substance of probation law did not change, but the statutory citations did. Older sources may still refer to Article 42.12, which has been repealed.
Two Kinds of Community Supervision
Everything about a Texas probation violation depends on which kind of community supervision was imposed at sentencing. The two kinds produce fundamentally different exposure if the state later files a violation motion.
Straight Community Supervision — CCP Article 42A.053
A judgment of conviction is entered at the original sentencing, but the prison sentence is suspended and the defendant is placed on supervision. If the state later files a Motion to Revoke and the court grants it, the court may:
- Impose the original suspended sentence in full.
- Impose a lesser amount (the court is not required to impose the whole sentence).
- Continue supervision with modifications.
- Continue supervision with a short jail sanction under Article 42A.302.
Critically, the court cannot impose a sentence greater than the original suspended sentence on a straight-probation revocation. The ceiling is fixed at sentencing.
Deferred Adjudication Community Supervision — CCP Article 42A.101
The defendant pleads guilty or no contest, but the court defers a formal finding of guilt and places the defendant on supervision. If the defendant successfully completes the term, the case is dismissed. If the state files a Motion to Adjudicate and the court grants it, the court:
- Enters an adjudication of guilt and may impose any sentence within the statutory range for the underlying offense.
- Is not limited by the original plea agreement’s terms on punishment.
- Can impose a sentence greater than what the defendant would have faced at the time of the original plea.
This is the most important single fact about deferred adjudication: the favorable-outcome promise at the front end becomes substantially harsher exposure at the back end if the defendant is adjudicated. A case that the defendant thought could produce no more than the originally-discussed punishment can, on adjudication, produce the statutory maximum for the offense.
The Motion to Revoke and Motion to Adjudicate
The state initiates the proceeding by filing:
- A Motion to Revoke (MTR) for a defendant on straight probation, or
- A Motion to Adjudicate (MTA) for a defendant on deferred adjudication.
The motion alleges specific violations such as failure to report, positive drug test, new offense, failure to pay fees or complete conditions, missed community service, curfew violation, associating with prohibited persons. Each alleged violation is a separate allegation on which the court will make a finding.
After the motion is filed, a capias (warrant) is typically issued for the defendant’s arrest. Under CCP Article 17.40, the court has broad discretion to hold the defendant without bond, to set a higher bond than before, or to impose new conditions pending the hearing.
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How Violation Proceedings Work
The Motion and the Capias
The state begins by filing a Motion to Revoke (for straight probation) or Motion to Adjudicate (for deferred adjudication), usually signed by a probation officer and approved by an Assistant District Attorney. The court ordinarily issues a capias (an arrest warrant) at the time the motion is filed. The defendant may learn of the motion when arrested, when served at home, or when a lawyer pulls the case information.
Bond
Bond in revocation cases is set at the court’s discretion under Code of Criminal Procedure Article 17.09. Revocation bonds are frequently higher than bonds on a new case, and in some circumstances bond may be denied, particularly when the allegation is a new violent offense or when the defendant has a history of failing to appear.
The Hearing
The revocation hearing is a bench hearing before the same court that imposed the original sentence. There is no jury. The state presents evidence of the violation; the defense presents evidence in rebuttal or mitigation. The court determines whether the state has proved each alleged violation by a preponderance of the evidence.
Preponderance of the Evidence
A revocation hearing uses a civil-style burden of proof (preponderance of the evidence) not beyond a reasonable doubt. The practical effect is that evidence that would not suffice to convict at a trial may be sufficient to support a revocation. This dynamic, more than anything else, is what makes skilled representation essential at the revocation stage.
Defenses and Mitigation
Factual Denial
The state’s evidence on each alleged violation is testable. Drug test methodology, the chain of custody on specimens, the accuracy of the probation officer’s log entries, the terms of the written conditions, and the identification of the defendant in any new-offense allegation are all contestable.
Bearden Indigency Defense
When the violation is nonpayment of fees, fines, costs, or restitution, Bearden v. Georgia, 461 U.S. 660 (1983) requires the court to consider whether the failure to pay was willful or resulted from indigency. A defendant who genuinely cannot pay, and who made reasonable efforts to comply, cannot be revoked on that basis alone. Documentation of income, expenses, job-loss, medical costs, and efforts to make partial payments can be decisive.
Mitigation
Even when the allegations are provable, the court’s range of outcomes is wide. Presenting a mitigation case (ex. treatment history, employment, family responsibilities, specific plans for compliance going forward, and the availability of specific alternatives to incarceration) can produce continuation with modification rather than revocation.
Written Conditions and Due Process
The state cannot revoke for conduct not specifically prohibited by the written conditions of supervision. Challenges to the notice, the specificity of the conditions, and the due process of the revocation process are part of the defense toolkit.
What Outcomes Are Available
The judge has real discretion at a revocation hearing, and the range of possible outcomes is wider than most people expect:
- Motion denied. The court finds that the state has not met its burden on any alleged violation.
- Continuation with modification. The court finds violations but continues supervision on stricter terms (for example, added drug testing, additional treatment, extended supervision, or electronic monitoring).
- Short jail sanction under Article 42A.302 with supervision continued.
- Revocation with sentence less than the maximum available. The court finds violations and imposes a sentence, but one less than the original suspended sentence (for straight probation) or less than the statutory maximum (for deferred adjudication).
- Full revocation. The court imposes the original suspended sentence in full, or (on deferred adjudication) imposes a sentence up to the statutory maximum for the underlying offense.
Probation Is Not Parole or Supervised Release
Texas has three distinct post-sentence supervision systems, and each has its own revocation rules:
- Probation (community supervision) — Imposed by a state court after a plea or conviction as an alternative to incarceration. Governed by CCP Chapter 42A. Revocation results in imposition of the suspended sentence.
- Parole — Post-release supervision by the Texas Board of Pardons and Paroles after a defendant has served a portion of a state prison sentence and been released on parole. Governed by Government Code Chapter 508. Parole revocation is a separate administrative proceeding before a parole panel, not a court.
- Federal supervised release — The federal analog to parole, imposed by a federal court under 18 U.S.C. § 3583 at the end of the prison sentence in federal cases. Revocation is by the federal district court, and the federal Sentencing Guidelines § 7B1.1 classification of violations drives the revocation sentence.
The Allen Probation Violation practice focuses on state-court community supervision under Chapter 42A. Our federal criminal practice, through Of Counsel James Lee Bright, handles federal supervised release revocations.
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Where Collin County Probation Revocation Cases Are Heard
Allen is in Collin County. Probation revocation and adjudication hearings are heard in the same court that imposed the original community supervision:
- Misdemeanor supervision — Collin County Courts at Law.
- Felony supervision — Collin County Criminal District Courts.
Both sit at the Collin County Courthouse, 2100 Bloomdale Road, McKinney. The Collin County Criminal District Attorney’s Office prosecutes all criminal cases in Collin County including all MTR/MTA proceedings. The Collin County Community Supervision and Corrections Department (CSCD) administers probation in the county.
Frequently Asked Questions
What is the difference between “probation” and “deferred adjudication”?
Straight probation follows a conviction; revocation results in imposition of the suspended sentence. Deferred adjudication is entered without a finding of guilt; adjudication results in a new sentence up to the full statutory maximum for the original offense. The deferred adjudication client generally faces much greater exposure on adjudication than on a straight-probation revocation.
Can I get a jury trial on my probation violation?
No. Under CCP Chapter 42A, revocation and adjudication proceedings are decided by the judge alone. There is no right to a jury.
The standard isn’t “beyond a reasonable doubt”?
No. The state must prove alleged violations only by a preponderance of the evidence. One “true” finding on any alleged violation is sufficient to support revocation.
Can they use hearsay against me?
Yes. Under Texas Rule of Evidence 101(e)(3), most of the rules of evidence do not apply to community supervision hearings. Probation officer case notes, hearsay statements, confidential informant information, and other ordinarily inadmissible evidence regularly comes in at revocation hearings.
I just can’t afford to pay the fees. Is that a defense?
Yes, within limits. Under Bearden v. Georgia, a court cannot revoke probation solely for failure to pay if the failure is due to inability to pay rather than willfulness. The court must inquire into the reasons and consider alternatives. Documenting unemployment, medical expenses, family obligations, and efforts to pay supports the Bearden defense.
Can I still get probation on the new case if I’m revoked on the old one?
Possibly. The two proceedings are separate, and the disposition of each is decided independently. However, a current revocation can affect the plea negotiation on the new case. Coordinating the two proceedings (including the timing and sequence) is central to effective defense.
About Deandra Grant Law
Deandra Grant Law is a Texas criminal defense firm with offices in Allen, Dallas, Fort Worth, Denton, Waco, and Rockwall.
Deandra M. Grant, Managing Partner
- More than 30 years in practice
- Former prosecutor, now dedicated to criminal defense
- J.D.; M.S. in Pharmaceutical Sciences
- Graduate Certificate in Forensic Toxicology
- ACS-CHAL Forensic Lawyer-Scientist
- Texas Super Lawyer since 2011
- Author of 17 law books including A First Offender’s Guide to Texas Criminal Courts
- AV Preeminent rated by Martindale-Hubbell
- Executive Director, DUI Defense Lawyers Association (DUIDLA)
Douglas E. Huff, Partner
- ACS-CHAL Forensic Lawyer-Scientist
- Digital forensics and electronic evidence training
- Extensive North Texas trial experience
James Lee Bright, Of Counsel
- National federal criminal defense practice, including federal supervised release revocations under 18 U.S.C. § 3583
- Admitted to all four Texas federal districts, the District of Columbia, the Fifth Circuit Court of Appeals, and the Supreme Court of the United States
Contact Our Allen Probation Violation Attorneys
Motions to revoke and adjudicate need early attention. The bond condition determined at the capias arrest often sets the trajectory of the rest of the case. Witnesses are available. Mitigation evidence can still be gathered. And the window for negotiated modification (before the case is set for hearing on the merits) is usually limited. Defense counsel who understands the local court and the Collin County CSCD materially affects outcomes.
Call Deandra Grant Law at (214) 225-7117 to schedule a consultation. We serve Allen, Plano, McKinney, Frisco, and all of Collin County from our Allen office.
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“Deandra Grant Law – Criminal & DWI Defense handled my case with diligence and professionalism. Deandra Grant’s reputation is stellar and now I know why. She has a team of individuals who provide quality service.”
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(214) 225-7117
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