Have you ever wondered what the difference is between the "Motion to Adjudicate" and the"Motion to Revoke"? Or, maybe you haven't heard of these "motions" at all. If you are granted probation in this state, it will take one of two forms. You are either on “Deferred Adjudication” probation or straight probation. If you are placed on deferred adjudication, you are not actually convicted of a crime. However, the State can revoke that probation through a legal process called a “Motion to Adjudicate Guilt”. In a MTAG, as they are commonly referred to, the State of Texas will file a motion with the court detailing the mistakes that you made on probation. The State will then ask that the court convict you of whatever crime you were on the probation for, and sentence you to a certain amount of time in jail. If you had been on Deferred adjudication, then you are exposed to the full punishment range for your offense. The judge can hold a hearing, and based on the evidence, sentence you anywhere on the spectrum of punishment.

If you are placed on regular probation (That is, probation with a conviction for the crime), your sentence maximum is fixed during the original plea deal. Most times, this "agreed to" maximum punishment set is lower than the statutory maximum punishment. IN this situation, if the State wished to take the probation term away and sentence you to jail/prison, they would file what is called a Motion to Revoke Probation, or MTR for short. Again, the State lists the problems you have had completing your probation, and asks the court to sentence the defendant to incarceration.

In both situations, you are entitled to a hearing limited to whether or not you failed to complete the terms of your probation. The State must produce witnesses and provide evidence of your lack of compliance. However, the burden of proof in these hearings is much lower than the burden of proof in a normal criminal proceeding. The State need only prove that it is more likely than not that you failed to perform the conditions of your probation to secure a jail sentence.

If you are faced with either a MTAG or a MTR, you need an experienced attorney on your side. Sean Kilgore is a former Assistant District Attorney who practices Criminal Litigation primarily in Denton and Lewisville, Texas, and some of the surrounding areas. For a Free Consultation, call 972-434-1461!