In the third week of July, 2014, Justin D. Cook successfully got his client’s Motion to Revoke Probation Dismissed. The Motion to Revoke was based out of the 187th District Court, with Judge Raymond Angelini Presiding. The Cook & Cook client was originally charged with possession of a controlled substance, and was placed on probation. However, while on probation, the client got charged with a domestic violence case. However no domestic violence occurred. The police report was vaguely written and all witnesses could confirm that no such family violence had occurred. Nonetheless, the client was wrongfully arrested, and faced losing his probation. Justin D. Cook set the case for a contested MTR. Upon doing so, the prosecutors became obligated to prepare for the hearing, and then had the opportunity to look at the evidence The evidence in favor of finding any domestic violence was weak at best. Thus, much to the delight of the Cook & Cook Law Firm the prosecutors agreed to dismiss the MTR, and place the defendant back on his regular probation. Well done, Justin!
The Typical MTR Scenario
A Motion to Revoke Probation, also called an “MTR” is an extremely common legal proceeding in Bexar County, Texas. Take this example story of John Doe. John Doe committed a traffic violation by failing to stop at a stop sign. The police observed the failure to stop and pulled John Doe over on Vance Jackson road in San Antonio, Texas. When the police went to write a ticket for John, they looked up his information on their police computer database and found that John Doe was on probation for possession of a controlled substance. Then, the police observed that John Doe presently had blood shot eyes, and emitted the strong odor of burnt marijuana. Because of these indications of possibly being high, the police had the legal reasonable suspicion to begin to question John Doe about having marijuana. When the officer asks John Doe whether he has any marijuana, he says he does. The police then arrests John Doe for possession of marijuana. But, remember, John Doe was already on probation for possession of a controlled substance. Now, what will the court do with him? Because John Doe got caught committing a new crime while on probation, the probation department will likely make a Motion to Revoke his probation, and will ask the judge to instead put John Doe in prison. There are several steps that John Doe should take if he faces this unfortunate set of events.
Guide on What a to Do If You Pick Up a Motion to Revoke Probation (an MTR) in San Antonio, Texas
- First, you may think that you have been revoked on your probation because you failed to appear for classes or you failed to report. If you failed to report for several months, you should contact a lawyer and discuss how to best turn yourself in. Notably, you should not just wait until you are arrested. Failing to report during probation and then waiting until you are arrested for an MTR is highly frowned upon and makes it difficult to prevent jail or prison time. Do not assume you have been revoked on your probation. Instead, if you messed up your probation, get a lawyer to help you fix the situation as soon as possible.
- Hire a good SAN ANTONIO Criminal Defense Lawyer. This step is hands down the most important step that you should take. Notice that I very specifically state that you must hire a good lawyer, but this lawyer should also have an office based in San Antonio, and should practice mostly criminal defense at the felony level, if your original crime was a felony. For a list of felonies, go here.
How will you know if the lawyer is “good”? You have to do your research. Find information that you can about the lawyer on the internet. But, realize that the information could be inaccurate. Ask people for recommendations of a criminal defense lawyer. Look for lawyers that have written information on the web themselves, which you find useful. More than any of those things, call the lawyer, and talk to them for a few minutes. A good lawyer will give you some helpful advice, but will also have limited desire to delve out free time. If you can’t get in touch with the lawyer, chances are, you won’t be able to get in touch with him during your case either. This is a good time to mention that I am a San Antonio MTR lawyer, and would be happy to help you. I am great at my job, and have represented clients on over 100 Motions to Revoke Probation in San Antonio. You can read about some of my results here. You can reach me at (210) 271-2800 (Ask for Megan Cook).
- After you hire the lawyer, the client and the MTR lawyer will discuss all possible avenues for mitigating the punishment that the Judge will be reassessing in light of the new number 1 (the new offense). One strategy for mitigating the punishment at MTR proceedings includes putting together a presentation of the things you did well on probation. A second strategy is having your lawyer set a contested Motion to Revoke. This is a hearing where your lawyer puts on evidence that shows you in fact did not fail at probation in the ways alleged by the state or the probation department. Contested MTRs can be effective at getting the Motions dropped. If you win an MTR, you will be able to go back on probation as originally set up with you and the department.
If you have any questions about MTRs in San Antonio, or if you would like to hire Cook & Cook to handle your MTR, please do not hesitate to call (210) 271-2800. If you are asked to leave a message, please be assured that we will immediately return your call.
