A missed appointment, failed drug test, unpaid amount, or new arrest can put a person’s freedom at risk while they are on probation in Texas. The State may file a motion to revoke community supervision—or, for deferred adjudication, a motion to proceed with adjudication.
That filing is serious, but it is not an automatic revocation. The court must hold a hearing, and the State must prove an alleged violation. What happens next depends on the type of supervision, the specific allegations, and the evidence.
What Is Probation Revocation in Texas?
Texas law calls probation community supervision. It generally comes in two forms:
- Regular probation: The defendant has been convicted, but the judge suspended the sentence and placed the defendant on community supervision.
- Deferred adjudication: The judge deferred a finding of guilt and placed the defendant on supervision after receiving a guilty or no-contest plea.
If the State says a condition was violated, it can ask the court to revoke regular probation or, in a deferred-adjudication case, to proceed with a finding of guilt. The procedures are set out in Chapter 42A of the Texas Code of Criminal Procedure, including Articles 42A.751 and 42A.108.
What Can Lead to a Motion to Revoke?
The alleged violation must relate to a condition of supervision. Common examples include:
- Missing a meeting with a supervision officer;
- Failing or refusing a drug or alcohol test;
- Not completing treatment, classes, or community service;
- Leaving an approved area without permission;
- Falling behind on required payments; or
- Being accused of committing a new offense.
A new arrest can lead to a revocation allegation, but the arrest and the new criminal case are separate matters. The State does not have to wait for a conviction in the new case before asking the supervision court to act. The revocation hearing uses a lower burden of proof than a criminal trial.
What Does the State Have to Prove?
At a Texas revocation hearing, the State generally must prove an alleged violation by a preponderance of the evidence—that it is more likely than not that the violation occurred. The judge, not a jury, decides the allegations. Proof of one violation can be enough to support revocation, so each allegation and the evidence behind it matter. See Ramirez v. State, No. 13-18-00673-CR (Tex. App.—Corpus Christi–Edinburg June 25, 2020, mem. op.) (citing Cobb v. State, 851 S.W.2d 871, 873–74 (Tex. Crim. App. 1993), and Garcia v. State, 387 S.W.3d 20, 26 (Tex. Crim. App. 2012)).
There is an important rule when the only allegation is failure to pay supervision fees, court costs, or certain legal-service costs: the State must prove both that the person was able to pay and that the person did not pay as ordered. See Texas Code of Criminal Procedure Article 42A.751(i).
What Happens at the Hearing?
The motion identifies the alleged violations. At the hearing, the State presents evidence and the defense can challenge whether the allegation was properly noticed and whether the evidence proves it. Depending on the case, relevant issues may include mistaken records, a test’s reliability, whether a person received notice, documented efforts to comply, or inability to pay.
A defendant has the right to counsel at the hearing. An indigent defendant may request appointed counsel. The hearing is before a judge, without a jury. See Article 42A.751(d), (k).
If the allegation is proven, revocation is not the court’s only option in every case. For regular community supervision, the judge may continue, extend, or modify supervision, or revoke it. In a deferred-adjudication case, the judge decides whether to proceed with adjudication of guilt; if the judge does, the case moves to sentencing on the original charge. See Articles 42A.751(d), 42A.752, and 42A.108.
What Should You Do if You Receive a Motion to Revoke?
Take the paperwork and any warrant or hearing notice seriously. Do not miss court, and do not assume the issue will resolve itself. Before admitting an allegation or agreeing to a proposed outcome, talk with a defense lawyer who can review the motion, the conditions of supervision, the evidence, and the available options.
Gather records that may help explain what happened: appointment notices, messages with your supervision officer, payment or treatment records, work schedules, medical records, test paperwork, and names of people with relevant information. Follow your lawyer’s advice about what to provide and how to communicate with the court or supervision department.
This article provides general information about Texas law and is not legal advice. Reading it does not create an attorney-client relationship. Community-supervision consequences depend on the case, the conditions, and the evidence.