Legal Question in DUI Law in Texas

Re: probation revoked

Hello there,

Since you received a DWI while on probation, your probation officer is going to file what is known as a motion to revoke.

Once that is filed a warrant will go out for your arrest and you will sit in jail pending your hearing on the motion to revoke.

If you are on deferred adjudication probation you can ask that a bond be set. The judge does not have to set a bond it is up to their discretion.

During the revocation hearing the State has to prove by a preponderance of the evidence that you committed the new offense of DWI.

You need to hire an attorney as soon as possible so they can go to the District Attorney and see if they will hold off on your revocation until after your trial for the DWI.

If you are found not guilty on the higher burden of beyond a reasonable doubt your attorney should move for the Motion to revoke to be dismissed.

However, you may also have a condition that states you can not consume alcohol.

If they are able to prove that you consumed alcohol while on probation that is a technical violation that could get your probation revoked.

A lot of this is going to depend on the District Attorney and Court you are dealing with.

If you have any further questions or would like some advice feel free to contact me.

Sincerely,

Erick Platten

PLATTEN LAW OFFICE

STATE WIDE REPRESENTATION

Re: probation revoked

The prosecutor can file a motion to revoke probation. You can be held without bond until your case is resolved. You might be facing ten years in prison.

My advice is to contact a qualified criminal defense lawyer immediately to be your advocate in both these matters. Don't try to handle this alone.