probation revocation defense — complete framework
L and L Law Group, PLLC handles texas probation revocation defense across the nine DFW counties we serve. The framework pages below cover the statutory text, defense strategies, county-specific procedure, and the realistic resolution menu for each charge. Under Reggie and Njeri London's leadership, the firm's criminal defense team handles every retainer with firm-wide trial-tested standards.
Each framework page below is a self-contained legal-practice document covering the controlling statute, the three or four primary defense strategies, the DFW county-by-county procedural variations, and the typical resolution outcomes for that charge. The pages are written for clients facing the charge — not for other lawyers — and the citations and statutory links let you verify everything we say.
If your situation does not fit any of the pages below, call (972) 370-5060 for a free 24/7 consultation. Most clients hear back from a partner within an hour.
Texas 3g Offense Restrictions Defense — Code Crim. Proc. Art. 42A.054
Texas 3g aggravated offenses under Art.
View framework →Texas Probation Early Termination — Code Crim. Proc. Art. 42A.701
Texas probation early termination under CCP Art. 42A.701 — eligibility after one-third of supervision served, 3g exclusions under Art.
View framework →Texas Motion to Adjudicate (MTA) Defense — Code Crim. Proc. art....
A Texas Motion to Adjudicate Guilt under Code Crim. Proc. art. 42A.108 reopens deferred adjudication and exposes the defendant to the FULL statutory range.
View framework →Texas Motion to Revoke (MTR) Probation Defense — Code Crim....
Texas Motion to Revoke under Code Crim. Proc. art.
View framework →Texas Probation Transfer Defense — Art. 42A.553 & ICAOS
Texas probation transfer practice — intra-state under Code Crim. Proc. art. 42A.553 and interstate under the ICAOS rules (Tex. Gov
View framework →| Instrument | Applies to | Exposure if the State prevails | Governing article |
|---|---|---|---|
| Motion to Revoke (MTR) | Straight (“regular”) community supervision — guilt was found, sentence suspended | Capped at the sentence originally assessed and suspended; the court may also reduce it | Tex. Code Crim. Proc. arts. 42A.751, 42A.755 |
| Motion to Adjudicate (MTA) | Deferred adjudication — guilt was never found | The FULL statutory punishment range for the underlying offense | Tex. Code Crim. Proc. art. 42A.108 |
At either hearing the judge — not a jury — decides, and the State’s burden is a preponderance of the evidence. See the FAQ below for the controlling case law.
Frequently asked questions about revocation
What does the State have to prove to revoke my probation?+
A violation of a condition of supervision by a preponderance of the evidence — the greater weight of credible evidence creating a reasonable belief that a condition was violated. Rickels v. State, 202 S.W.3d 759, 763–64 (Tex. Crim. App. 2006). That is a lower bar than beyond a reasonable doubt, and the judge, not a jury, makes the call — which is why revocation defense is built around the judge’s discretion as much as the evidence.
What is the difference between an MTR and an MTA?+
A Motion to Revoke applies to straight probation: guilt was already found, so the worst-case outcome is capped at the sentence originally assessed and suspended, and the court may even reduce it (art. 42A.755). A Motion to Adjudicate applies to deferred adjudication: guilt was never found, so the court can assess anything in the full statutory range for the offense under art. 42A.108. The table above puts the two side by side.
Can one technical violation really revoke me?+
Legally, yes — a single sufficient ground supports a revocation order. Moore v. State, 605 S.W.2d 924, 926 (Tex. Crim. App. 1980). As a practical matter, judges weigh alternatives first: the court can continue supervision, modify conditions, or extend the term under art. 42A.752. Revocation defense is usually about steering the case into that middle menu with a compliance plan the judge can say yes to.
Will I be arrested when a motion is filed?+
Often, yes — the court typically issues a capias when an MTR or MTA is filed, and supervision arrests can mean sitting in custody while the hearing is set. Whether and when bond is set is largely in the judge’s hands. Moving quickly — getting counsel on the motion, requesting a prompt setting, and presenting a compliance record — is how time in custody gets shortened.
What outcomes are possible at the hearing?+
Four, broadly: the judge can continue supervision unchanged, modify the conditions, extend the supervision period, or revoke. On an MTR revocation the sentence cannot exceed what was originally assessed and suspended; after an MTA adjudication the full range applies. The realistic goal in most contested hearings is a structured second chance — modified conditions tied to a plan the probation department endorses.
Talk to an attorney — not a screener.
Tell us about your case. Most clients hear back within an hour. Often within minutes.