Motions to Adjudicate Guilt or Motions to Revoke Probation occur when someone had previously been placed on community supervision, and have now been accused of violating some condition of community supervision.
These Motions are difficult to fight because the State merely has to prove one alleged violation by a preponderance of the evidence – and it is heard only by the judge. We highly discourage quick, pressured guilty pleas because these hearings can be so easy for the State to oppress you if they want, and judges are usually not very forgiving. Don’t put yourself in this tight spot if it can be avoided on the front end by hiring the right defense attorney. Despite the near impossible laundry list of conditions and fees that must be met on probation, judges typically adopt a view of “you’ve had your chance.” It is vital to have a defense attorney willing to work out each alleged violation in these motions and tell your story to the judge. If any innocence claims need to be brought up again, you need an attorney willing to do so in the correct manner. Unfortunately, probation officers often lack the necessary skills for loving oversight and therefore, often accuse violations for extremely minor mistakes or even mere miscommunications….and it's often their word against yours. Make sure you protect yourself by calling us!