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What is the difference between motion to revoke & petition to proceed adjudication?

Fort Worth, TX |

My bf is on swift probation & had 20000.00 in restitution. He's only been on prob for 4 months & already did 30 days for not reporting. He got out for 30 days & is now in jail with a new misd theft 50\500. He goes to court 4-4-14. (rocket docket w court appointed )Do I need 2 get him a free world attorney be4 that court date? If he goes w a court appointed will he automatically be revoked? I wld like 2 get his bond reinstated & hire him an attorney 2 get his probation reinstated but I can't come up w the $ be4 Friday. Will he be able 2 get reinstated or get another chance 4 reinstatement if he turns down revocation at his 1st court appearance? Also he is behind 2000.00 on his fees. His papers say petition to proceed adjudication. Wut does that mean?

Attorney Answers 4

  1. Best answer

    For goodness sake, get off here and hire an attorney as soon as possible. How you can do that before the 4th is a big question. If he has too little time to prepare his defense, he needs to ask the judge for it. A rocket docket should not be allowed to prejudice his rights. As for getting his bond reinstated, that is a potentially expensive consideration all by itself.

    As far all your other questions, I'll answer one. If a person is on deferred adjudication, he must be adjudicated (a finding of guilty) before being sentenced. A motion to revoke goes straight from already being found gulty and being placed on probation to sentencing. Each involves a hearing to determine what, if anything, the defendant has done to violate his conditions of community supevision (probation).

  2. Just because an attorney is court appointed is no reflection on the attorney. Court appointed attorneys have to meet certain standards in order to be placed on the list, so it's possible that a court appointed attorney could be more qualified than someone that you hire. There's really no reason a court appointed attorney ask for the bond to be reinstated. However, this is about what the client wants. Regardless of whether a court appointed attorney or a "free world" attorney files this motion, it is the judge's decision to grant it or not. Since you can't hire an attorney it sounds like he has his attorney.

  3. The difference between a motion to revoke and a motion to proceed is the type of probation that a defendant was on. If you were on what we call straight probation, or a probation that is a conviction where the jail or prison sentence was probated then, the state files a motion to revoke. The consequence is that if the judge grants the motion to revoke probation then a person can go to jail or prison for up to the sentence previously imposed.

    On a motion to proceed, a person has been previously been placed on deferred adjudication and the state is asking the court to proceed to adjudication and to find the defendant guilty.

  4. The difference between a petition to revoke and a motion to proceed to adjudication has to do with the type of probation your boyfriend is on. IF your boyfriend is on a Deferred probation then they would file a motion to proceed to adjudication due to the alleged new offense (the theft). Since he seems to have been on a DFAJ/ Deferred probation it is possible for him to have a bond set.

    The judge will not set a bond until he is current on both his fine, court costs and his back probation fees. You will need an attorney to ask the judge to set the bond once his fees are current. If your boyfriend bonded out on the theft charge and then was subsequently taken into custody for the Motion to Proceed to Adjudication it is possible that the judge and bondsman would entertain reinstating the bond on the theft charge if it was in fact held insufficient. On the motion to proceed to adjudication he was not on bond he was on probation therefore he would need to make a bond. Reinstatement will not be an option as it pertains to bond.

    In Tarrant County "free world" attorneys make up the pool of appointed attorneys. If you are uncomfortable with your boyfriends attorney and you want to change you can do so at anytime by retaining an attorney. Generally the court will allow him a pass on his first setting and no decisions must be made if you wish to retain your own attorney.

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