The MTR Process
Section summaryThe State files the MTR; the court issues a warrant or summons; the defendant is arrested or appears; bond may be set; and the case proceeds to revocation hearing.
Standard MTR sequence:
- State files Motion to Revoke alleging specific violations.
- Court issues capias or summons.
- Defendant is arrested or appears.
- Bond decision under CCP Art. 42A.751(d) — discretionary, often higher than original bond.
- Pretrial discovery and motions.
- Revocation hearing.
- Court rules; possible sentencing.
MTR Pleadings
Section summaryThe MTR must allege violations with sufficient specificity to put the defendant on notice. Common allegations include new offenses, technical violations, failure to report, and failed UAs.
Common MTR allegations:
- Commission of a new offense.
- Failure to report to probation officer.
- Failure to pay supervision fees, fines, court costs.
- Failure to complete community service.
- Failure to complete required programs (counseling, BIPP, treatment).
- Positive urinalysis or failed alcohol test.
- Travel outside the state without permission.
- Possession of firearms.
- Association with prohibited persons.
Revocation Hearing
Section summaryThe hearing is informal and bench-tried. The Texas Rules of Evidence apply in a relaxed form; hearsay is generally admissible if reliable. The defendant has rights to counsel, cross-examination, and to present evidence.
Hearing features:
- No jury (the trial court is the sole factfinder).
- Texas Rules of Evidence apply in relaxed form.
- Hearsay generally admissible if reliable.
- Defendant has rights under Morrissey v. Brewer / Gagnon v. Scarpelli framework.
- Defendant can testify, present witnesses, and cross-examine State witnesses.
- State must connect the alleged conduct to a specific condition.
Burden and Standard
Section summaryThe State must prove the violation by a preponderance of the evidence — much lower than the criminal beyond-reasonable-doubt standard. The State must prove at least one violation; multiple allegations need not all be proven.
Burden analysis:
- Preponderance of the evidence.
- State must connect the conduct to a specific condition.
- Proving one violation is sufficient — multiple allegations need not all be sustained.
- Lower burden than at original criminal trial.
Defenses
Section summaryDefenses include factual challenges to the alleged conduct, lack of notice of the condition, lack of willfulness (for inability-to-pay cases), and constitutional defenses.
Common defenses:
- Factual denial of the alleged conduct.
- The conduct did not violate the specific condition charged.
- Lack of clear notice of the condition (rare; conditions are typically signed at sentencing).
- Inability to pay (must be raised and supported with evidence — Bearden v. Georgia analysis).
- Procedural defenses (lack of jurisdiction, statute of limitations).
- Constitutional defenses (lack of counsel, due process, double jeopardy).
Sentencing After Revocation
Section summaryIf revoked, the court can impose any sentence within the original punishment range — not limited to the suspended sentence. The court can also continue probation with modified conditions instead of revoking.
Sentencing options after revocation:
- Imposition of the original suspended sentence.
- Imposition of any sentence within the original range (can be higher than the suspended sentence in some circumstances).
- Continuation of probation with modified conditions.
- "Shock probation" or other intermediate options where available.
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Call (972) 370-5060 →Mitigation Evidence
Motion to Revoke Procedure matters resolve through judicial discretion across a broad sanction continuum. The same allegation can produce continuation with no change, sanction-time-in-jail, modified conditions, SAFP referral, or full revocation depending on what the defense presents. For a Motion to Revoke filed under Article 42A.751, mitigation evidence is often the deciding factor.
The strongest mitigation packages combine documentary evidence with witness testimony. Employment verification letters from a current employer (including evaluations and proposed accommodations for continued employment during any modification), treatment-program completion certificates and ongoing-attendance verification, family-support letters describing the defendant's relationships and obligations, school transcripts if education is part of the rehabilitation picture, and clear evidence of any conditions the defendant has voluntarily begun complying with (counseling, support groups, treatment) all carry weight.
The defendant's own statement at the hearing matters. Many judges expect the defendant to acknowledge responsibility for what the State proves, to articulate what changed circumstances led to the violation, and to commit specifically to what will be different going forward. A prepared statement that demonstrates self-awareness and offers concrete steps often shifts the disposition meaningfully.
Plea Timing and Disposition Sequencing
The timing of any plea of true in a motion to revoke procedure matter affects the disposition. Pleas entered immediately at the first setting, before the State has put on evidence, give the defense maximum leverage to negotiate a continuation or sanction short of revocation. Pleas entered after a contested hearing where the State has proven the violation produce less negotiating room.
For a Motion to Revoke filed under Article 42A.751, the strategic decision turns on the strength of the State's evidence, the defendant's exposure on the underlying offense, the relationship with the supervising probation officer, and the court's likely disposition. A defendant with a strong case and a forgiving judge may benefit from contesting the violation. A defendant with a weak case and a strict judge may benefit from an early plea with a negotiated disposition.
Where the underlying offense was deferred adjudication, the sentencing exposure on adjudication is the full statutory range. This makes negotiation more important than in straight-probation revocations where the suspended sentence caps exposure. Counsel must confirm exactly what the suspended sentence (or original range for deferred cases) is before any plea recommendation.
What a motion to revoke is and how it gets filed
A motion to revoke community supervision is the State's formal charging document for a probation violation. The motion is filed in the same court that imposed the original sentence and is governed by Texas Code of Criminal Procedure Article 42A.751. The pleading must identify each alleged violation by paragraph, must specify the condition violated, and must give enough factual detail to put the defendant on fair notice of the conduct the State will try to prove. A motion that simply alleges the defendant violated the conditions without specifying which conditions or how is constitutionally inadequate and can be quashed on motion.
The motion is typically signed by an assistant district attorney based on a violation report submitted by the supervising community supervision officer. The officer report describes the underlying conduct, the date and method of detection, and any prior responses the CSCD has tried before resorting to revocation. The motion need not include the officer report or the underlying documentation, but the defense can obtain both through Article 39.14 discovery requests once the motion is filed.
Filing of the motion triggers an arrest warrant or a summons under Article 42A.751(c). Whether the court issues a warrant or a summons depends on the seriousness of the alleged violation and the defendant flight risk. A new-felony allegation almost always triggers a warrant. A technical violation by a compliant defendant with a stable address often results in a summons. Counsel can sometimes negotiate a summons in lieu of a warrant by contacting the prosecutor before the warrant is signed, particularly for cases where the defendant will appear voluntarily.
Arrest, bond, and the initial appearance
When a warrant issues and the defendant is arrested, the defendant is entitled to a magistrate appearance under Article 15.17 promptly after arrest. The magistrate must inform the defendant of the alleged violations, the right to counsel, and the right to a hearing. Bond on the revocation warrant is set under Article 17.151 for misdemeanor cases and under general bond principles for felony cases. The standard practice in many counties is to set bond at the same amount as the original case, though prosecutors can request a higher amount based on the seriousness of the alleged violation.
The bond decision is consequential because the defendant who cannot make bond will be held pending the revocation hearing. Article 42A.751(d) requires the hearing to be held within a reasonable time, but practice varies. Some courts set the hearing within two to four weeks; others let it drift for months. The defense should push for a fast hearing date when the defendant is in custody and a slower date when the defendant is on bond and needs time to build the response.
Pre-hearing motions can include a motion to quash the State pleading for inadequate notice, a motion for discovery under Article 39.14, a motion for a list of the State witnesses, a motion in limine on specific evidentiary issues, and a motion for the appointment of an expert if the case turns on technical evidence such as drug-test methodology or GPS monitor data. The pre-hearing posture is similar to a trial setting but compressed: the defense has less time to investigate and prepare, and the discovery rights are narrower.
The hearing structure and the State burden
The hearing is held to the court rather than a jury under Article 42A.751(d). The State presents evidence on each alleged violation. The State burden is preponderance of the evidence under Cobb v. State, 851 S.W.2d 871 (Tex. Crim. App. 1993). Hearsay is admissible under Texas Rule of Evidence 1101(d)(3). The defense is entitled to confront and cross-examine adverse witnesses, present evidence, and have counsel under Morrissey v. Brewer, 408 U.S. 471 (1972), and Gagnon v. Scarpelli, 411 U.S. 778 (1973).
The State typically calls the supervising officer first to establish the underlying violations through the officer business records and personal observations. The defense cross-examines on the specific violations, the officer adherence to the local graduated-sanctions matrix, and the defendant overall compliance. For violations involving drug tests, the State will call the lab analyst or rely on a business-records affidavit; for violations involving GPS data, the State will call the monitor vendor representative or use vendor records.
The defense presents witnesses on each contested violation and on the dispositional question. The defendant testimony, if offered, is high risk because cross-examination can expand into collateral matters. Character witnesses, employers, treatment providers, and family members can address the dispositional question without the defendant taking the stand. The closing argument should address each sustained violation, the proportionality of revocation versus continued supervision with modifications, and the specific intermediate sanctions the defense is prepared to accept.
The court ruling, sentencing exposure, and the appellate clock
At the close of evidence, the court announces findings on each alleged violation. A single sustained violation is sufficient to support revocation under Moore v. State, 605 S.W.2d 924 (Tex. Crim. App. 1980), but the court typically rules on each paragraph because the dispositional decision may consider the pattern of violations.
If the court continues supervision, the order can modify conditions to address the underlying issue: increased reporting, additional testing, enhanced curfew, GPS monitoring, treatment requirements, or community service. Continued supervision with modifications is the most common outcome for technical violations by otherwise compliant defendants. The defense should prepare a proposed continuation order ahead of the hearing so the modifications can be entered immediately rather than negotiated piecemeal after the ruling.
If the court revokes, sentence is imposed within the original statutory range. For straight community supervision under Article 42A.053, the original sentence was suspended in full and the entire term is available. For deferred adjudication under Article 42A.101, no sentence was imposed at the original plea, and the court has the full statutory range available on adjudication. The notice of appeal must be filed within thirty days of the written judgment under Texas Rule of Appellate Procedure 26.2. Counsel should advise the client of the appellate options, the timeline, and the practical limits of appellate review immediately after the ruling.
Frequently Asked Questions
Can I get a jury for an MTR hearing?
What if I have a parallel criminal case for the same conduct?
Is double jeopardy a defense to MTR?
Can the original sentence be increased after revocation?
Read the full Texas Probation Violation Defense Guide
This article is one section of our comprehensive Texas Probation Violation Defense Guide. The pillar guide covers recent developments, official resources, and the complete framework with deeper analysis.
Read the Pillar Guide →Next Steps
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Cite this guide
Bluebook: Reggie London & Njeri London, Texas Motion to Revoke Procedure, L&L Law Group (May 30, 2026), https://landllawgroup.com/insights/texas-motion-to-revoke-procedure/.
APA: London, R., & London, N. (2026, May 30). Texas Motion to Revoke Procedure. L&L Law Group.