Houston Probation Violation Defense Attorney
A single missed appointment, a failed drug test, or a new arrest can put a probation officer's finding — and a judge's sentencing power — back in play. If you are facing a Motion to Revoke or Motion to Adjudicate in Harris County, attorney Myron G. Davis can help you respond before your hearing date.
150+
JURY TRIALS
100's
CASE DISMISSALS
20 yrs
FORMER FELONY PROSECUTOR
Motions to Revoke and Motions to Adjudicate
When someone on community supervision (probation) is accused of breaking the terms of their probation, the State can file a Motion to Revoke Probation (for those already convicted and sentenced) or a Motion to Adjudicate Guilt (for those on deferred adjudication). Either filing can result in a warrant for arrest and a hearing before the judge who originally granted probation.
Unlike a criminal trial, a probation revocation hearing does not require the State to prove a violation beyond a reasonable doubt — only by a preponderance of the evidence, a lower standard. That makes early, focused representation especially important.
Technical Violations
Missed meetings, late fees, failure to complete community service, or failing to finish court-ordered classes.
Failed Drug or Alcohol Tests
A positive urinalysis or breath test result is one of the most common reasons a Motion to Revoke is filed.
New Arrests
An arrest on a new charge while on probation, even before any conviction, can trigger a revocation motion.
Adjudication of Guilt
On deferred adjudication, a violation can result in the court finding you guilty of the original charge and imposing any sentence up to the maximum.
Charged with a Probation Violation??
Once a Motion to Revoke or Adjudicate is filed, a warrant typically follows. Contact our office before you turn yourself in or appear in court.
- Motion to Revoke Probation
- Motion to Adjudicate Guilt
- Community Supervision violations
- Failed or missed drug tests
- Failure to pay fines, fees, or restitution
- New offense while on probation
Responding to a Motion to Revoke or Adjudicate
Because the burden of proof at a revocation hearing is lower than at trial, the goal is often to resolve the alleged violation on the best available terms — continuation of probation, modified conditions, or a negotiated sentence — rather than to simply contest the allegation outright.
- Reviewing the specific violation alleged and the supporting documentation from the probation department
- Negotiating with the prosecutor and probation officer before the hearing date
- Presenting mitigating evidence: employment, treatment enrollment, family circumstances, and compliance history
- Challenging the reliability of a failed drug test or contested technical violation
- Advocating for continuation or modification of probation instead of revocation
- Where a new charge is the basis for the motion, coordinating defense of that new case with the probation matter
Frequently Asked Questions
Will I automatically go to jail if I violate probation?
Not necessarily. Judges have discretion to continue probation, add conditions, order a short jail sanction, or revoke probation and impose the original sentence. What happens depends heavily on the violation alleged and how the case is presented at the hearing.
Do I have a right to a hearing before my probation is revoked?
Yes. You are entitled to notice of the alleged violation and a hearing where you can respond, cross-examine witnesses, and present evidence before a judge decides whether to revoke.
What is the difference between probation and deferred adjudication?
With regular probation, you have already been convicted and sentenced, and the sentence is imposed if probation is revoked. With deferred adjudication, no finding of guilt has been entered yet; if it is revoked, the court can adjudicate guilt and sentence you anywhere within the full range of punishment.
Our Areas of Practice for Criminal Cases Include:
Asset Forfeiture
Parole Revocation
Homicide
Aggravated Assault
Theft/Robbery
Burglary
Juvenile Law
Record Sealing And Expunctions
Credit Card Abuse
DWI/DUI
Weapon Charges
Facing a Motion to Revoke or Adjudicate? Call Today.
Free initial phone consultation — available 24 hours a day, 7 days a week.