Texas Probation Violation Lawyer

Probation violations are critical matters that can have devastating consequences. Violating any term or condition of probation can result in the State filing a Motion to Revoke (MTR) probation. A simple violation can quickly turn into a permanent criminal conviction. Take no chance. If you have an MTR concern act now. Learn more.

  • What happens if I violate my probation? An MTR is filed after a probation violation. The MTR filing results in the issuance of an arrest warrant without notice. This creates the dangerous situation of being arrested without forewarning. Learn more.
  • What happens if probation gets revoked? Revocation can result in incarceration or an extended period of Community Supervision. Drug and alcohol violations often result in court-ordered monitoring devices and intensive treatment programs.

Motion to Revoke Probation in Texas

Probation revocation hearings take place before a judge, not a jury. The judge has total discretion over punishment in an MTR hearing. Individuals on Deferred Adjudication probation face a final conviction and the maximum punishment by law. Learn more.

  • What happens at an MTR hearing? At an MTR hearing, the judge reviews the alleged violation(s). The State presents evidence in support of the violation(s). The defendant is required to enter a plea of ‘true’ or ‘not true’ to the allegation(s). The judge then revokes and punishes the defendant, or denies the revocation and continues the probation.While being continued on probation is better than revocation, it usually comes with stricter conditions and additional requirements.
  • Can a lawyer get you out of probation violation? It’s imperative to retain counsel when facing probation revocation. An experienced criminal defense lawyer can provide clarification to the court regarding potential minor violations, and help present organized and effective evidence to avoid or mitigate serious punishment. Learn more.

How Long Does a Probation Violation Warrant Take?

If an MTR has been (or is about to be) filed, a warrant can be issued at any time, without notification. The speed with which it is issued is totally dependent on the probation officer, court clerks, and judge.

  • Can you bond out on a probation violation in Texas? Once an MTR is filed, a judge has the discretion to set a bond or remand without bond (RWOB). If you have an MTR warrant in Texas, it may be possible to avoid arrest, and save money that would otherwise go towards a bail bond.
  • How much jail time do you get for probation violation? It is possible to receive the maximum period of incarceration under the law for a single probation violation.

Probation Violation Texas

Probations violations are dangerous in Texas because even the smallest mistake can result in arrest, revocation, and a final conviction. Whether the violation is serious, or not-so-serious, it’s critical to handle every violation (or potential violation) carefully in order to mitigate the consequences, and secure the best result.

  • What happens if I get a charge while on probation? Getting arrested while on probation is a probation violation. Any probation violation can serve as the basis for an MTR. Before the MTR hearing, a warrant for arrest will be issued.
  • What happens if you fail a drug test on probation? Failing a drug test on probation will result in an MTR filing, and an arrest warrant. Many probation departments consider a diluted drug test a fail for reporting purposes. Learn more.
  • How do you not go to jail for probation violation? Incarceration is a real possibility for anyone facing a probation violation. The best way to mitigate consequences, avoid jail, and get back on track is to fight. It’s critical to assert all rights and defenses possible. MTR’s move quickly. If you are facing revocation, time is of the essence. Start now.


Trey Porter is a dynamic advocate, nationally recognized for his work in Criminal Defense. He has been voted by his peers as a best lawyer in the field of Criminal and DWI Defense every year since 2015. Recognized by SuperLawyers, Mr. Porter has also been distinguished as a Top 40 Under 40 Criminal Defense Lawyer by the National Trial Lawyers Association. Mr. Porter holds a Superb rating from AVVO, where attorneys are rated based on skillful litigation, client satisfaction, peer endorsements, and positive results. Learn more.

Texas Probation Violation Lawyer FAQs; Knowledge is power. Get honest answers now.

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    Trey is the man! I hired him because I had overheard a county court judge mentioning how awesome of an attorney he is, so if an endorsement from a judge won’t convince you then I’m not sure what will. I sure do hope I never find myself in a pickle ever again but if I do, I would hire Trey in a heartbeat. He’s honest, transparent, doesn’t beat around the bush, and will work tirelessly so that your clean record stays clean and unblemished. 5 stars, highly recommend!


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    Read More Reviews





    Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.



    Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.



    Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest. State eventually dismissed DWI charge. Client received no criminal conviction.


    DWI 2nd

    Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.



    Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.



    Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.

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    The stakes are high. Criminal charges can have devastating, lifelong consequences. During the free, confidential consultation, Mr. Porter will answer questions surrounding your legal matter, and discuss and identify potential defenses.

    If you have been arrested and charged with a crime, the State is working on your conviction. It’s time to start building your defense.

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