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What is a contested revocation hearing in Texas because they filed a MOTION TO REVOKE PROBATION

San Angelo, TX |

Hello my sister plead guilty for FRAUD POSS CS/PRESCRIPTION SCH III/IV 3rd Degree Felony a year ago and got 5 year probation and 300 hour community service it was her first offense, now they filed a motion to revoke her probation and has contested revocation hearing, What is going to happen? I think she has not been keeping up with some payments since they send her papers from the county clerks office collections all the time

Attorney Answers 3


A contested revocation hearing is one wherein the allegations that are made by the prosecution is denied, at least in part, by the defendant. However, this appears the be a TX state case; you may want to re-post in "Criminal Defense in Texas."

Joshua Sabert Lowther, Esq.

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If the basis of the hearing is concerning money only, she needs to be prepared to show she is not working and has no money to pay.

Attorney Mitchell S. Sexner
Mitchell S. Sexner & Associates LLC /o
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If the only basis for the probation violation is not paying fines / fees and she can show an inability to pay there is not much the state can do to her. Have her consult her attorney for the Supreme Court case law that says you can't punish someone for inability to pay fines / fees.

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