Motions to Revoke Probation and Motions to Adjudicate

If you are on probation for either a misdemeanor or felony offense and commit a violation of any rule or condition set by the court, the prosecuting attorney may file a motion to revoke your probation. Violations may include positive drug screens, new criminal charges alleged against you, failure to complete community service, missed appointments, and failure to pay fees timely.

If you are arrested on a felony motion to revoke probation you are not entitled to a bond. You could sit in county jail until the motion to revoke is heard by the court. Furthermore, you are not entitled to a jury trial. It is solely in the judge’s discretion whether or not to revoke your probation and sentence you to county jail or even prison. If your probation is revoked you face the possibility of being sentenced up to the full amount of your original probation length. The range of punishment will depend on the offense for which you are on probation and the terms of that probation.

For example, if you are sentenced to a ten year probation term and your probation is revoked nine years after you went on probation the court may still sentence you to a ten year term in prison. The repercussions of a motion to revoke are very serious. You need an attorney who will aggressively fight for you to avoid these severe consequences and protect your freedom.

How can I fight a Motion to Revoke?

Remember the State must prove the allegations against you. In order to protect your rights you must hire an attorney who has extensive experience contesting motions to revoke probation.

Douglas Atkinson has successfully defended many clients facing motions to revoke their probation.

• He will vigorously fight to obtain a bond.

The first battle is to get you out of jail. Remember you are not entitled to a bond on a felony motion to revoke probation. Mr. Atkinson will vigorously fight to get you a bond. If you are on bond you are in a greater position to assist in your defense.

• He will help you to get back into compliance with your probation.

Many times the violations can be corrected. Getting back into compliance can be the impetus that sways the court not to revoke your probation.

• He will meet with your probation officer.

By establishing a good relationship with your probation officer, Douglas Atkinson will have a better understanding of your alleged noncompliance. It may even come to light that you are not violating the probation it was just a misunderstanding or miscommunication by the parties.

• He will meet with the prosecuting attorney.

Oftentimes, by meeting with the prosecuting attorney, the case can be resolved without going to court. This can either be accomplished by getting the prosecutor to withdraw the motion to revoke, reinstating your probation, terminating your probation, or by agreeing to a modification of your probation.

• He will force the state to prove the allegations against you.

While the allegations in the motion to revoke may appear overwhelming you must remember that the prosecutor must prove each and every one of them. A failed drug screen for example requires scientific evidence. A new charge requires that case be proven similarly as if it was before a jury. They will have to bring in the witnesses and evidence against you. The state does not simply get to make these accusations and request you be sentenced to jail or even prison.

• He will cross examine witnesses in the hearing.

No matter the alleged violations Douglas Atkinson will vigorously cross examine each and every witness who is at the hearing. This includes the probation officer or anyone else called by the state.

• He will prepare you for the hearing.

In some cases it may necessary for you to testify. Furthermore, you may be asked to make a statement to the court regarding the court’s decision. In either situation, Douglas Atkinson will make sure you are prepared and will not send you in blind.

Motions to revoke can be won. Do not hesitate to call an attorney to defend you. Call the law offices of Douglas W. Atkinson to fight for you.