Texas motion to revoke (MTR) — CCP Art. 42A.751

Texas motion to revoke (MTR) is governed by Code of Criminal Procedure Article 42A. The rule defines the State's required steps, the defendant's rights at this stage, and the consequences of noncompliance. Below: the statutory text, the standard of practice in Collin, Dallas, Denton, and Tarrant Counties, and what a defendant should know before this stage.

The controlling statute

When a defendant on straight (regular) community supervision violates a condition, the State files a Motion to Revoke Probation under CCP Art. 42A.751. The court holds an evidentiary hearing — not a jury trial — at which the State must prove a violation by a preponderance of the evidence. The judge can continue probation, modify conditions, extend the supervision period, or revoke and impose the original sentence (within the punishment range). Revocation hearings carry due-process protections but a lower burden than trial.

Classification & punishment range

Elements the State must prove

To convict on a Texas CCP Art. 42A.751 charge, the State must prove every element beyond a reasonable doubt:

1. State files written motion alleging specific violations of probation conditions
2. Capias warrant issued; defendant arrested or appears voluntarily
3. Evidentiary hearing before the judge (no jury)
4. Burden of proof: preponderance of the evidence (Cobb v. State)
5. Defendant entitled to written notice, counsel, and confrontation under Morrissey/Gagnon
6. Court enters findings and either continues, modifies, extends, or revokes

Defense strategies

L and L Law Group, PLLC develops the following defense strategies on every Motion to Revoke (MTR) case:

• Negotiate a plea to a continuation with modified conditions (e.g., increased reporting, treatment, jail time as a condition)
• Contest the alleged violation factually — call witnesses, present documentation, challenge urinalysis chain of custody
• Argue the violation does not warrant revocation — first violation, technical violation, hardship excuse, substantial compliance
• Demand strict statutory compliance with notice and hearing under Art. 42A.751(d)
• Move for state-jail time as a condition (so-called 'shock' time) rather than full revocation to a TDCJ sentence
• Preserve appellate complaints by securing findings of fact on each alleged violation

Enhancements & collateral consequences

On revocation of straight probation, the original sentence is imposed — no new punishment-range determination. If the supervision was for a state jail felony, the defendant is eligible for state-jail time. Texas allows so-called 'jail-condition' continuations under Art. 42A.301 that confine the probationer for 30–180 days as a sanction without revoking. New offenses during probation are typically alleged in the MTR; a guilty plea or conviction may be a separate ground for revocation.