What Happens With Probation Violations in Bexar County?

A Motion to Revoke Can Mean Immediate Arrest

A Motion to Revoke probation in Bexar County can result in immediate arrest and no bond pending the revocation hearing at the Cadena-Reeves Justice Center. Unlike the original criminal case, where bond is set at magistration, a probation revocation arrest often produces a “blue warrant” that carries no bond until the judge holds a hearing. The faster your attorney is retained after an MTR is filed, the more options exist for addressing bond and the underlying revocation allegation.

The Preponderance of Evidence Standard

Probation revocation proceedings in Bexar County operate under the preponderance of evidence standard — the prosecution must show only that it is more likely than not that the probation conditions were violated. This is significantly lower than the reasonable doubt standard that applied to the original criminal trial. The lower standard means the Bexar County DA’s office can revoke probation based on evidence that would not support a new criminal conviction.

Pre-Filing Intervention — The Most Effective Stage

The most effective stage for probation violation defense is before the Motion to Revoke is filed. Once your probation officer has identified an alleged violation and is preparing to file the MTR, attorney intervention can sometimes address the underlying issue — whether it involves a new arrest, failed drug test, or missed reporting — before the formal motion reaches the Cadena-Reeves court. We contact probation supervision immediately when retained before an MTR is filed.

At the Revocation Hearing

If the Motion to Revoke has been filed, the revocation hearing at Cadena-Reeves is the critical proceeding. We appear at the hearing and argue against full revocation — presenting mitigating circumstances, questioning the sufficiency of the evidence under the preponderance standard, and arguing for alternatives to full revocation such as additional conditions or a short jail sanction rather than execution of the full original sentence.

If Probation Is Revoked

If the Bexar County judge revokes probation, the full underlying sentence can be imposed. On a DWI conviction where a 2-year probation was imposed in lieu of 180 days in jail, revocation can result in up to 180 days of actual confinement. On a felony case, revocation can result in a full TDCJ sentence. See our probation violations page.