MAILED A MOTION TO REVOKE? GET ANSWERS TO YOUR QUESTIONS

By websitebuilder
•
18 Jan, 2018

When you are on probation, the last thing you want is to receive a motion to revoke. If you have received one of these notices, then you likely have many questions about what this means, why it is happening, and what it means for your future. Here are answers to frequently asked questions about receiving a motion to revoke.

WHAT IS A MOTION TO REVOKE?

A motion to revoke is a motion filed by a prosecutor to revoke your probation. This is either at the request of the prosecutor’s office or at the request of your probation officer.

WHY WOULD A MOTION TO REVOKE BE FILED?

When you are placed on probation, you are given specific rules that must be followed as part of your agreement to be released. Should these be violated, a motion to revoke can be filed. The most common reasons a motion to revoke is filed is because:

You failed a drug test or did not show up for a drug test
You did not complete community service or a court-ordered class
You failed to pay fines or restitution
You missed appointments with your probation officer
You were charged with another crime
You had contact with a victim you were ordered to stay away from
You violated travel orders

Always read through your paperwork to find out what is required of you when you are placed on probation. If you have any questions about what you can or cannot do while on probation, then ask your probation officer. If you violate any terms, even if it happened unknowingly, a motion to revoke can be filed against you.

CAN YOU FIGHT A MOTION TO REVOKE?

If you have received a motion to revoke, then there are ways to challenge it. The first way to fight a motion to revoke is to have your attorney reach out to the prosecutor to get the motion to revoke withdrawn. This is done by providing proof that the motion should not have been filed.

For example, if the motion was filed for failing to complete alcohol courses, then the attorney can submit proof of completion. If you did do something wrong, then an attorney can negotiate a deal in exchange for the motion to be the withdrawn. Such deals normally included added length to your probation sentence.

If you are not represented, and the prosecutor will not withdraw or dismiss the motion to revoke, a court date is scheduled for a probation revocation hearing. You will testify in front of a judge, which allows you to fight having your probation violated or revoked. You are also able to issue a statement explaining why you should be allowed to remain on probation.

WHAT DOES A JUDGE LOOK AT WHEN MAKING A DECISION?

A judge will look at many factors when deciding whether to revoke your probation at a probation revocation hearing. They look at the severity of the crime you were found guilty of and the severity of the offense you committed to bring about the revocation hearing.

They also look at your past criminal history and whether you are a repeat offender. Lastly, they look at any previous probation violations — how many there were and what they were for.

If you have received a motion to revoke, your freedom is at stake. If you are found to have violated your probation, then sentencing options include jail or prison. At Raymond Martinez Attorney at Law, we know just how important your freedom is, which is why we will fight to keep you on probation. Contact us today to discuss your case and find out how we can assist you with a motion to revoke.