Setting a Bond in a Denton County Probation Revocation

Posted By Tim Powers || 21-Jun-2012

Tim Powers

Law Office of Tim Powers

940.580.2899

www.timpowers.com

Denton County Probation Violation Attorney Located in Denton, Texas Serving, Denton, Flower Mound, Lewisville, Corinth, Highland Village, Carrollton, Roanoke, Texas.


Sometimes probation takes a turn for the ugly. When it comes to determining how many or what kind of violations will trigger a revocation, it's sometimes impossible to predict which straw will break the camel's back. However, once that straw comes and a motion to revoke is filed, an arrest warrant will promptly follow. Obviously, one of the more immediate concerns of a person in this kind of situation is whether a bond will be set. The type of probation will dictate how a bond is set.

Deferred Adjudication (Motion to Adjudicate) – Bond Must Be Set

Simply put, a person placed on deferred adjudication probation has an absolute right to a bond in the event of a revocation. Technically, a person on deferred adjudication community supervision ("deferred adjudication") who is alleged to have violated a term or condition of probation faces a "Motion to Adjudicate" or in some counties termed a "Motion to Proceed with Adjudication of Guilt." When a person is granted deferred adjudication, a judge does not make a determination of guilt and does not "adjudicate" the matter. This technicality is not only the reason we call it a "motion to adjudicate," but also why the judge is required to set a bond in the event the State files such a motion. Our Constitution secures a "pre-trial" right to reasonable bail and our courts have interpreted pre-trial to be synonymous with pre-adjudication in this context.

In practice, when the judge signs the warrant he or she sometimes determines a bond amount. Unfortunately, this doesn't always happen in every case, which causes the probationer to be arrested on a motion to adjudicate to be held without bond. This situation can be corrected by hiring an attorney to petition the judge to have a bond set.

Straight or Regular Probation (Motion to Revoke) – Bond May Be Set

Unlike a person facing a motion to adjudicate, a person facing a motion to revoke has no right to a bond. In fact, most judges will not independently set a bond when a motion to revoke is filed. The distinction, again, is a technical one. By definition, a person on straight probation has been found guilty by a judge, convicted and sentenced to a specific jail sentence that was probated (suspended). In other words, the case is no longer in the "pre-trial" phase and the constitutional right to pre-trial bail no longer exists.

This doesn't mean that a bond cannot be set. A bond may be set if an attorney can persuade the judge or reach an agreement with the prosecutor, but this can only happen after the individual has been arrested on the revocation motion and is in the custody of the county jail. The likelihood of this happening will usually depend upon the circumstances of the revocation, but many of our laws encourage the setting of a bond even for people facing a motion to adjudicate.

Treat a Motion to Revoke Probation in Denton County Very Seriously

Initially, the filing of a Motion to Revoke Probation triggers a warrant for your arrest. There are a number of issues that must be addressed to determine whether or not you would be entitled to a bond or whether you would have to sit in jail until the case is disposed. You need an attorney to represent you in this matter because you could be facing extensive jail time if your probation is revoked.

In all counties in North Texas, the Courts take the initial grant of probation seriously. However, the State still must prove that the terms of probation were violated. Just because a probation officer has made an allegation against you, that doesn't necessarily mean it is true. Records can be incorrect. Out of county transferred-probations have problems unique to themselves.

Whether you select us to represent you or some other law firm, make sure you have an attorney represent you.

Punishment Maximums set by the Legislature

(if the State has enough evidence to prove an allegation true) the maximum punishment can be as follows:

  • Motion to Revoke Probation – The original suspended sentence
  • Motion to Adjudicate – The maximum punishment in jail for the original offense

If you are seeking aggressive criminal representation by an experienced criminal defense attorney for your Denton County probation revocation case or arrest in Denton County, contact the offices of Tim Powers today. There is no charge or obligation for the initial consultation. 940.580.2899.

*Tim Powers is an attorney licensed to practice law by the Supreme Court of Texas. Nothing in this article is intended to be legal advice. For legal advice about any specific legal question you should directly consult an attorney.

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