What Happens After You're Served With a Motion to Revoke Probation in Texas?
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
I have an MTR for tampering with a UAV with a device.
Attorney Answer
A Motion to Revoke means the State is asking the court to revoke your community supervision because it claims you violated a condition, and because a revocation can mean serving the sentence that was originally suspended, this deserves urgent attention, not a wait and see approach.
Texas Code of Criminal Procedure Chapter 42A governs community supervision, including revocation. The motion itself must state which conditions the State claims you violated, and from what you've described, tampering involving a device, that written motion is the most important document you have right now. Read it closely, or better, get a defense attorney to read it with you, since exactly what is alleged will shape everything about how to respond.
Under Chapter 42A, you have the right to a hearing in front of a judge, not a jury, and the right to an attorney, including a court-appointed one if you cannot afford your own. The State has to prove the alleged violation, generally by a preponderance of the evidence, which is a lower bar than what's required for a new criminal conviction. At the hearing, the judge can continue your supervision as is, modify or extend the conditions, or revoke it. What revocation means depends on the kind of supervision you are on. With regular community supervision, the judge generally cannot order more time than the sentence that was originally handed down and suspended, and can order less. With deferred adjudication, the judge can find you guilty and sentence you anywhere within the punishment range for the underlying offense.
What you can do
1. Get a certified copy of the motion and any reports or documents the State is relying on as soon as possible. 2. Hire a defense attorney, or ask the court to appoint one if you qualify, right away rather than waiting for the hearing date. 3. Do not discuss the facts with your probation officer or the prosecutor without your attorney present. 4. Gather your own records, documents, witnesses, or communications that might explain or contest what's being alleged. 5. Confirm your hearing date and attend every court date. Missing one can result in a warrant.
Because the exact violation alleged and your supervision terms will shape the right strategy, this is general legal information, not legal advice, and a Texas criminal defense attorney who can read your actual motion should advise you on your specific situation.
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Frequently Asked Questions
What's the difference between a Motion to Revoke and a new criminal charge?
A Motion to Revoke addresses an alleged violation of your existing probation conditions and can result in your original sentence being imposed. If the same conduct is also a new crime, you could be charged separately for that too.
Can I lose my probation just from an accusation, without a conviction?
Yes. At a revocation hearing, the State only needs to prove the violation by a preponderance of the evidence, a lower standard than what's required for a new criminal conviction.
What's the worst that can happen at a revocation hearing?
If the judge finds the violation true, supervision can be revoked. On regular probation the cap is generally the sentence that was originally imposed and suspended, while on deferred adjudication the judge can sentence within the full range for the underlying offense, so it's worth preparing seriously with an attorney.
