What happens if the state files an MTR (Motion to Revoke Probation)?

June 12, 2019
Sean Henricksen Law Firm
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If you are on probation for DWI, or any other case, the government can file a motion to revoke your probation if they think that you have violated any of the terms of your probation. Once they file the motion, the judge will sign off on the MTR, and a warrant goes out for your arrest.

If you are arrested because of a warrant for an MTR in San Antonio, there will not be bond set on your case. Bond won’t be set until you’re arrested, and it frequently won’t be set until your attorney approaches the judge and asks for bond to be set. This can result in days or even weeks spent in jail.

This can be avoided by hiring an attorney and arranging to turn yourself in. In these cases, I would approach the judge to let them know that you are turning yourself in and the judge will let me know the amount that bond will be set. You can then go to a bail bondsman, take care of the bond and then turn yourself in. When you have the bond in place and you turn yourself in, you don’t have to be taken to the Bexar County Jail and wait hours or days to be released. They process you in the Bexar County Courthouse and you are free to go within an hour or two.

Court settings are a little different with an MTR. You can still work out an agreement with the government or you can set your case for hearing where the government must prove that you violated one or more of the terms of your probation.

If the judge finds that you violated your probation, the judge can revoke your probation and sentence you to time in jail or prison, depending on the case.

Probation is not revoked in every case where an MTR has been filed. In most cases,I have been able to keep people on probation despite the MTR.

If you’re on probation, it’s important that you do everything that you can to successfully complete your probation. If you think an MTR has been filed against you or is going to be filed against you, you need to meet with an attorney as soon as possible.

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Sean Henricksen Law Firm

At the Henricksen Law Firm, we are committed to helping good people who have been charged with criminal offenses. Your situation is unique, and before we develop a strategy, we will hear your individual concerns. Then we work toward the result that solves all of your problems—both now and in the future.

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