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Fort Worth Probation Violation Lawyers
Probation revocation in Texas is a hearing, not a trial. The court makes findings of “true” or “not true” on each alleged violation, applying a preponderance-of-the-evidence standard which is lower than the beyond-a-reasonable-doubt standard that applies at trial. On a “true” finding, the court can impose up to the originally-assessed sentence (on straight probation) or any sentence within the full statutory range of the underlying offense (on deferred adjudication). These two types of probation produce very different revocation outcomes, and understanding which type applies is the starting point for any probation violation defense.
For Fort Worth defendants on probation from Tarrant County District Courts or Tarrant County Criminal Courts a motion to revoke (MTR) or motion to adjudicate (MTA) is not a minor procedural step. It can result in multi-year imprisonment on what started as a probated sentence, and the strategic options at the hearing are different from those available in the original criminal case.
Deandra Grant Law represents clients facing probation revocation and adjudication proceedings in Fort Worth, Arlington, North Richland Hills, Mansfield, Southlake, Grapevine, and throughout Tarrant County. Call (214) 225-7117 to discuss your case.
Two Types of Probation — Two Different Revocation Procedures
The single most important feature of probation violation defense is understanding which of two types of probation the defendant is on. The revocation consequences are different.
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.
The Preponderance Standard
In a probation revocation or adjudication hearing, the state must prove the alleged violation by a preponderance of the evidence and not beyond a reasonable doubt. This is materially lower than the trial standard. Several consequences follow:
- A new criminal charge alleged as a probation violation can be proven in the revocation hearing even if the new charge is later dismissed, reduced, or results in acquittal at trial. The two proceedings use different standards.
- Evidence that would not support a criminal conviction may support a revocation finding. Hearsay exceptions are broader in revocation hearings than in criminal trials.
- The state’s burden is often much easier to meet in a revocation hearing than in the underlying criminal case.
- Conversely, the defense at a revocation hearing focuses on attacking the state’s preponderance showing and not proving innocence.
Common Probation Violations
Technical Violations
- Missed reporting appointments.
- Positive drug or alcohol tests.
- Failure to complete court-ordered programs (counseling, classes, community service).
- Failure to pay fees, fines, restitution, or court costs.
- Failure to maintain employment (where required).
- Failure to comply with travel restrictions or residency requirements.
- Possession of firearms (in felony probation cases).
- Association with known criminals or co-defendants.
New Offense Violations
An allegation that the probationer has committed a new criminal offense during the probation period. New offense allegations typically carry the most serious revocation consequences. Importantly, the new offense need not be proven beyond a reasonable doubt (only by preponderance) and the revocation can proceed before the new criminal charge is resolved.
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.
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Possible Outcomes at a Revocation Hearing
- Motion denied — the court finds the allegations not true, and probation continues on existing terms.
- Modification of conditions — the court finds the allegations true but continues probation with added or modified conditions (e.g., extended supervision, additional treatment, home confinement, electronic monitoring).
- Graduated sanctions — the court imposes limited jail time (often “shock” time) and continues probation. This is increasingly common in Tarrant County for technical violations.
- Revocation with reduced sentence — on straight probation, the court can impose less than the originally-assessed sentence under CCP Article 42A.755(a).
- Revocation with full original sentence — on straight probation, the court imposes the full suspended sentence.
- Adjudication with sentence — on deferred adjudication, the court adjudicates guilt and imposes a sentence from the full statutory range of the underlying offense.
How Probation Violation Cases Are Defended
Contesting the Allegations
Where the allegations involve disputed facts (ex. claimed missed appointments that were actually attended, disputed drug test results, disputed new offenses) the defense contests the allegations at the hearing. Preponderance is a lower standard than reasonable doubt, but it is not trivial. Documentary evidence, witness testimony, and cross-examination of the probation officer can defeat the state’s showing.
Mitigation When Violations Are True
Where violations are true or likely to be found true, the defense shifts to mitigation and demonstrating that continuation on probation (with or without modifications) is a better outcome than revocation. Mitigation evidence includes: employment records, family responsibilities, progress in treatment, overall compliance history, health issues, and specific circumstances surrounding the alleged violation.
Alternatives to Revocation
Tarrant County District Courts and County Criminal Courts have a range of intermediate sanctions available (graduated sanctions under CCP Article 42A.751, modified conditions, jail plus continuation, electronic monitoring, and specialty-court referrals). Advocating for an alternative to full revocation is often the most realistic defense strategy.
Constitutional Defenses
Bearden defenses for non-payment cases. Due process challenges to notice and procedural failures. Confrontation rights on certain out-of-court evidence. Fourth Amendment challenges to searches and drug tests that produced the alleged evidence.
Strategic Timing
In some cases, strategic early surrender on the capias, voluntary treatment completion before the hearing, restitution payment, and compliance remediation can significantly affect the hearing outcome.
Where Tarrant County Probation Revocations Are Heard
Probation revocation hearings are heard in the court that imposed the original probation sentence. For Tarrant County felony cases, that is the Tarrant County District Court at the Tim Curry Criminal Justice Center, 401 West Belknap Street, Fort Worth. For Tarrant County misdemeanor cases, it is one of the 10 Tarrant County Criminal Courts, also at the Tim Curry CJC. The Tarrant County Criminal District Attorney’s Office prosecutes all criminal cases in Tarrant County.
Frequently Asked Questions
Is a probation revocation the same as a trial?
No. A probation revocation or adjudication is a hearing, not a trial. There is no jury. The court makes findings of “true” or “not true” on each alleged violation. The standard is preponderance of the evidence, not beyond a reasonable doubt. Rules of evidence are somewhat relaxed compared to trial.
What’s the difference between revocation and adjudication?
Revocation applies to straight probation (CCP Article 42A.053) (where the defendant was convicted and sentenced, with the sentence suspended. Adjudication applies to deferred adjudication (CCP Article 42A.101)) where the defendant entered a plea but adjudication of guilt was deferred. On revocation, the court is capped at the originally-assessed sentence. On adjudication, the court can impose any sentence in the full statutory range of the underlying offense.
My new charge was dismissed. Can it still violate my probation?
Yes. The probation revocation proceeding uses preponderance of the evidence which is a lower standard than the beyond-a-reasonable-doubt standard that applies in a criminal trial. A new offense allegation can support revocation even if the new charge is ultimately dismissed or results in acquittal at trial.
I can’t afford to pay my probation fees. Can they revoke me?
Not automatically. Under Bearden v. Georgia, 461 U.S. 660 (1983), a court cannot revoke probation solely for inability to pay without first making findings about the probationer’s bona fide efforts to pay and the availability of alternative sanctions. Documenting income, expenses, employment efforts, and other financial circumstances is central to a Bearden defense.
Can the judge give me less than the original sentence on a straight probation revocation?
Yes. Under CCP Article 42A.755(a), the court is not required to impose the full originally-assessed sentence upon revocation. The court can impose a lesser term. This is why mitigation evidence and aggressive advocacy at the revocation hearing matter. The sentence imposed at revocation is often negotiable within a range below the original.
I’m on deferred adjudication. Is the exposure worse?
Generally yes, because the court is not capped by any previously-assessed sentence. If the underlying offense was a first-degree felony, the court at adjudication can impose up to 99 years or life. This is often the most significant thing that deferred adjudication defendants do not understand about their probation status.
Can I get my probation terminated early?
Potentially, under CCP Article 42A.111. Early termination depends on compliance history, elapsed time, satisfaction of conditions (including restitution), and the discretion of the court. For defendants in ongoing compliance, pursuing early termination may be preferable to leaving the probation in place for its full term.
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About Deandra Grant Law
Deandra Grant Law is a Texas criminal defense firm with offices in Fort Worth, Dallas, Allen, 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
- Former Dallas Criminal Defense Bar President
- Digital forensics and electronic evidence
- Extensive Texas trial experience
James Lee Bright, Of Counsel
- National federal criminal defense practice — including federal probation revocation proceedings
- Admitted to all four Texas federal districts (including the Northern District of Texas, which covers Tarrant County), the District of Columbia, the Fifth Circuit Court of Appeals, and the Supreme Court of the United States
Contact Our Fort Worth Probation Violation Attorneys
A motion to revoke or motion to adjudicate is not something to handle alone or late. The capias that brings the probationer into court is often the moment when the strategic options are widest: voluntary surrender with appropriate mitigation preparation, remediation of the alleged violation, Bearden documentation for non-payment cases, contest of disputed allegations. Waiting until the hearing narrows all of those options.
Call Deandra Grant Law at (214) 225-7117 to schedule a consultation. We serve Fort Worth, Arlington, North Richland Hills, Mansfield, Southlake, Grapevine, and all of Tarrant County from our Fort Worth 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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