Important note: This office handles motions to revoke for most criminal cases, not just driving while intoxicated.
If your probation officer has filed a motion to revoke your probation, you are not “revoked”, although that may be your officer’s wish. It’s a serious situation, but it’s not a done deal. All your probation officer can do alone is present the prosecutor with information and request a motion to revoke be filed.
After a motion to revoke is filed, you have a right to a trial in front of a judge to determine whether you violated your probation conditions. Even if you violated probation conditions, and the prosecutor can prove you did, incarceration is not the only option available to the judge.
Depending upon the circumstances of you and your case, you may be able to stay on probation even after committing violations. You might find yourself having to spend more time on probation, do more community service hours, be required to undergo counseling or attend classes, or spend a week in jail. Many possibilities exist. In fact, some technical defenses exist which can prevent revocation, even when violations have occurred.
Your motion to revoke trial allows you numerous rights. Some of your rights include your lawyer’s ability to get certain information to defend you, to apply for subpoenas to force witnesses to testify, and to cross-examine witnesses against you.
Unlike regular criminal trials, motions to revoke cannot result in binding plea bargains. If the state proves even one violation occurred, your fate is in the hands of the judge. Recommendations of the attorneys involved may be followed, but no guarantees can be made as to what outcome will occur.
When a motion to revoke is filed against you, keep up your hope. While the situation is not good, it may not be as bad as you think. You need professional help.
Ultimately, you have an opportunity to defend yourself against allegations through your attorney, and you should place the matter in the hands of a capable, experienced attorney. Phillip W. Goff has defended countless people against motions to revoke for many years. Call now.