What Is a Motion to Revoke Probation?

A motion to revoke probation generally means the court will send you back to jail or prison for violating probation.

A motion to revoke probation can be filed if the District Attorney believes a person violated the terms and conditions of their probation. When a probation officer discovers that a probation violation has occurred, they can choose to deal with the matter themselves if it is minor, or, they can report the violation to the District Attorney, who will most likely file a motion to revoke probation with the court.

The court will issue an arrest warrant. Sometimes, the court sets a bond amount with the warrant, but it depends on the nature of the underlying offense, the type of probation violation, and whether there were multiple violations. After the warrant has been executed, the court will schedule a revocation case and initial appearance.

Although defendants don’t have the same rights they did when they were initially charged with the criminal offense, they are entitled to certain rights if a motion to revoke probation is filed against them. If you are facing probation revocation, you need to consult with a knowledgeable lawyer who can explain all of your legal options and help you navigate each phase of the process.

At Lessem, Newstat & Tooson, LLP, we are committed to using our extensive resources and more than two decades of experience to ensure our clients receive the best possible representation. We can provide you with insightful counsel. We understand that it can be difficult to adhere to all of the strict rules of your probation, which is why we are here to help to make it right and aggressively represent your best interests.

Give us a call today at (800) 462-7160 to schedule your case consultation if you need advice regarding a probation violation.