Legal Question in Criminal Law in Texas

motion to adjudicate

what bis a motion to adjudicate?


Asked on 4/05/09, 10:48 pm

1 Answer from Attorneys

John Armstrong The Law Office of John W. Armstrong

Re: motion to adjudicate

A Motion to Adjudicate is filed by the prosecutor with the Court, to revoke or requesting the Court to enter a judgment against a defendant for violating the conditions of the Defendant's community supervision or probation. In other words the Defendant was put on a form of community supervision call Deferred Adjudication which is where the court accepts a Defendant's plea of guilty or No Contest and "defers or puts off entering a judgement against the defendant" and puts them on a form of community supervision called Deffered Adjudication. If the defendant follows the rules of their community supervision or probation the defendant's case will ultimately be dismissed. However, if they violate the rules of their probation the Community Supervision Officer (a/k/a probation officer)who is in charge of handling the probationer's case is to file a Motion to Adjudicate (a form of Motion to Revoke Probation) with the prosecutor's office and the prosecuting attorney then prepares the documents for the Judge to sign and issue a warrant for the Defendant's arrest.

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Answered on 4/05/09, 11:37 pm


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