Probation Revocation Lawyer Austin

Motion to Revoke and Motion to Adjudicate Defense Across Central Texas

Most clients searching for a probation revocation lawyer in Austin are facing one of two specific Texas court proceedings: a Motion to Revoke (if you pled guilty and were convicted on straight probation) or a Motion to Adjudicate Guilt (if you were placed on deferred adjudication). The two motions look similar from the outside — same warrant, same hearing, same probation officer making similar allegations. The exposure is very different. So is the defense.

The Law Office of David D. White, PLLC has practiced criminal defense exclusively since 2004 across Travis, Williamson, Hays, Caldwell, Lee, Coryell, Bell, Burnet, Milam, and Bastrop County courts. Three attorneys work each case as a team through weekly case reviews and shared Clio notes. By the time you walk into your first consultation, the firm has obtained the State’s motion, your original judgment, and the underlying Probable Cause Affidavit, read all three, and identified where the State’s case is weakest.

The two motions, and why the difference matters

Texas has two kinds of community supervision. A violation triggers a different procedure under each, and the difference between them changes everything about what you are facing.

Motion to Revoke — straight probation

If you pled guilty, were convicted, and were placed on straight probation, the State files a Motion to Revoke (sometimes called an MTR). At the hearing, the judge has exactly two options:

1. Continue, extend, or modify your probation, or
2. Revoke your probation and impose a sentence — capped at 10 years in prison, regardless of the underlying offense.

That 10-year cap is statutory. It applies even if the underlying offense was a first-degree felony with a 99-year ceiling. On a Motion to Revoke, 10 years is the most a judge can give you.

Motion to Adjudicate Guilt — deferred adjudication

If you pled guilty but the judge withheld a finding of guilt and placed you on deferred adjudication, the State files a Motion to Adjudicate Guilt (sometimes called an MTAG). At that hearing, the judge has the option to:

1. Continue, extend, or modify your deferred adjudication, or
2. Adjudicate your guilt and sentence you within the full range of punishment for the underlying offense — no cap.

This is the consequence most deferred adjudication clients do not fully understand at the time they enter the plea. Deferred adjudication keeps the conviction off your record if you complete probation cleanly. But if you violate, the judge sentences you on the original charge with no statutory ceiling. A first-degree felony adjudicated after deferred adjudication can result in a life sentence. A Motion to Revoke on the same first-degree felony cannot exceed 10 years.

The defense posture, the negotiation leverage, and the realistic outcomes are different on each. A lawyer who treats them the same is a problem.

What the State has to prove

At a Motion to Revoke or Motion to Adjudicate hearing, the State’s burden is preponderance of the evidence — not beyond a reasonable doubt. That is a much lower bar than at a criminal trial. Preponderance means roughly “more likely than not.” The judge, not a jury, decides.

That low burden is the reason these motions feel one-sided to clients. It is also the reason the defense has to be precise. The motion has to be attacked on specific grounds: due process, due diligence, factual contest of the alleged violation, the difference between a technical violation and a new offense, the conditions of probation as written in the original judgment, the supervising officer’s documentation, and the statutory and constitutional posture of the case.

What probation officers commonly allege

Most motions to revoke and adjudicate are filed on a handful of recurring grounds:

• Failed urinalysis or breath test — alcohol or controlled substance in the screening
• New criminal offense — sometimes alleged on the basis of an arrest alone, before any conviction
• Failure to report to the supervising officer on schedule
• Failure to pay fees, fines, or court-ordered restitution
• Removing or tampering with a court-ordered monitor — SCRAM, ankle monitor, ignition interlock
• Travel outside the authorized area without permission from the supervising officer
• Failure to complete required programming — community service hours, classes, counseling
• Association with prohibited persons — often co-defendants or named victims

Some of these are technical violations. Some are alleged new offenses. The defense for a missed class is not the defense for a new arrest, and the negotiation posture differs.

Blue warrants and bond

When a motion is filed, the court issues a capias for your arrest — informally called a “blue warrant” because the paper has historically been blue. A blue warrant typically does not carry a bond. That means once you are picked up on the warrant, you sit in county jail until the hearing unless your lawyer files for and obtains a bond.

Getting a surety jail bond set on a blue warrant is one of the first things the firm does on a Motion to Revoke or Motion to Adjudicate. The motion does not get faster because you are sitting in jail. The hearing date is the hearing date.

How the firm defends these motions

The firm has handled motion-to-revoke and motion-to-adjudicate proceedings throughout Central Texas for years. Outcomes the firm regularly obtains include:

• Continuation on probation with modified conditions, no jail time
• Early discharge from probation when factually appropriate
• Dismissal of the motion through pre-hearing negotiation with the State, often where the alleged violation is technical and the underlying probation is otherwise clean
• Dismissal as a matter of law through legal challenge — most commonly the due diligence defense under Code of Criminal Procedure Article 42A.108

The firm has obtained reinstatement of deferred adjudication on three consecutive motions to adjudicate guilt within a single felony probation. Every case is fact-specific, and past results do not guarantee future outcomes. But the pattern is real: clients facing repeat violations on the same probation are not automatically out of options.

The due diligence defense

If the term of probation has expired before the State proceeds to a revocation or adjudication hearing, the State must show it exercised due diligence in (1) apprehending the probationer after the capias issued, and (2) hearing the motion. If the State fails to make that showing, the trial court loses jurisdiction and the motion is dismissed as a matter of law. Article 42A.108 of the Code of Criminal Procedure is the codification of this defense (formerly housed in Article 42.12).

This defense fails far more often than it succeeds — most prosecutor’s offices document their efforts well. But where the State sat on the case for years and made no real effort to apprehend or proceed, the defense can end the motion entirely. The firm pleads it where the facts support it.

How the firm works your motion

By the time you sit down for your first consultation, the firm has already obtained the State’s motion, the original judgment, and the underlying Probable Cause Affidavit on the original charge — and started identifying the State’s weak points. The firm does not quote a fee and propose a posture before reading the file. Strategy that precedes the file is guesswork.

All three attorneys at the firm work every case as a team. David White, Kenneth Hines, and Taylor Kacir review active cases together each week and share notes through Clio. When the attorney appears at your hearing, they have been on your case from intake.

When you call (512) 369-3737 after hours, an attorney answers. Not voicemail. Not an answering service. Kenneth Hines and Taylor Kacir take after-hours calls directly through the firm’s call routing.

Fees

The firm uses flat fees. The free consultation includes review of the State’s motion, the original judgment, and a frank conversation about the realistic posture of the case.

• Motion to Revoke (misdemeanor underlying) — starting at $1,500
• Motion to Revoke (felony underlying) — starting at $2,500
• Motion to Adjudicate (misdemeanor underlying) — starting at $1,500
• Motion to Adjudicate (felony underlying) — starting at $2,500

Half is paid as good-faith retainer at engagement. Some cases are quoted full upfront depending on complexity. Payment plans are discussed case by case.

A successful outcome on a Motion to Adjudicate often opens the door to later nondisclosure work once the deferred adjudication is completed. The firm’s flat fee for nondisclosure is quoted by case after eligibility analysis.

The attorneys handling your motion

David White — Managing attorney. Licensed in 2004. Twenty-two years of criminal defense practice. Never employed as a prosecutor. Bar Number 24047094.

Kenneth Hines — Associate attorney; leads the firm’s expunction and nondisclosure practice. Eighteen years of practice with criminal defense as a consistent component throughout. Former General Counsel to the Texas Senate Jurisprudence Committee, 2010–2012. Many clients whose motions are resolved favorably proceed to nondisclosure work with Kenneth afterward.

Taylor Kacir — Associate attorney. Former Senior Misdemeanor County Attorney at the Bell County Attorney’s Office. JD, St. Mary’s University School of Law (with honors), 2022. Practices daily from the firm’s Georgetown office.

What clients say

“I interviewed 8 attorneys before hiring The Law Office of David White, and he was the only one who actually took the time to obtain the police report, understand the facts, and immediately develop a plan of action. I was originally charged with 3 felonies and 1 misdemeanor, but thanks to his skill and dedication, I ended up with deferred adjudication probation on just 1 felony and the rest dismissed. During probation, I violated three times — and each time, David fought hard to get my probation reinstated. The last time was a nail-biter where I truly thought I was going to jail, but he never gave up. He stood firm, fought for the truth, and more importantly, fought for my rights. David’s knowledge and pure skill in the courtroom are indescribable. He has a presence that commands attention and respect, and his ability to maneuver through the judicial system is nothing short of remarkable. That kind of experience and confidence is absolutely invaluable when your future is on the line. On top of that, his communication was constant — I always got a call back, never felt left in the dark, and never had to chase him down. David White isn’t just another lawyer — he’s the one you want in your corner when everything is on the line, because he’ll go to war for you and he does not back down. I’ll never be able to thank him enough!”

— Alley Cowgill

“Absolute best law practice I’ve ever needed and used. Easy communication. From informative paralegals (Christi) to the attorneys David & Kenneth who helped me in getting my case dismissed.”

— Breah Richardson

“David & Kenneth are heaven sent, the best team in Austin Texas, they had two felonies and one misdemeanor dismissed for me, I was looking at 2-20 years and they were ready to take it to trial if need be, the charges didn’t even get indicted.”

— Ashley Norris

The firm has more than 250 five-star client reviews across Google, Avvo, and other legal review platforms.

If your probation is on the line

Call (512) 369-3737. An attorney answers, not voicemail. The consultation is free and includes a review of the Motion to Revoke or Motion to Adjudicate filed against you, your original judgment, and the underlying case file. Bring any paperwork you have — the motion itself, the original probation conditions, any reports or letters from your supervising officer.

Or fill out the contact form below and you will hear back within 24 hours.