Probation Violation Defense San Antonio

Probation Violations in Bexar County — Two Types of Proceedings, Both Dangerous

When the Bexar County Community Supervision and Corrections Department (CSCD) alleges a probation violation, two types of proceedings may follow. A Motion to Revoke (MTR) seeks to revoke probation entirely and impose the original sentence. A Motion to Proceed to Adjudication (MTTA) applies to deferred adjudication cases and seeks to adjudicate guilt — entering a conviction — and impose a sentence. The critical difference from the original criminal case: at a revocation hearing in Bexar County, the state proves its case by a preponderance of the evidence, not beyond a reasonable doubt. The standard is “more likely than not.” That significantly lower burden means the defense must act earlier and more aggressively than in the original criminal case.

Violations come in two forms. Technical violations are failures to comply with probation conditions that don’t constitute new criminal offenses — missed reporting appointments, failed drug tests, failure to complete community service hours, failure to pay fines or fees on time. New offense violations occur when the person is arrested for a new crime while on probation. These trigger both the revocation proceeding on the original case and a new criminal prosecution running simultaneously.

The most important factor in a Bexar County probation violation case is time. Swift intervention before the CSCD submits its violation report to the DA’s office, or before the DA files the MTR, can sometimes prevent the filing entirely. Once the MTR is filed and an arrest warrant issues, the window for pre-filing resolution closes. Call 210-692-4913 the moment you believe a violation may be alleged.

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MTR vs. MTTA — Understanding the Two Bexar County Proceedings

The type of proceeding depends on whether your probation was regular community supervision or deferred adjudication. Both carry the same revocation risk but different conviction consequences.

Proceeding	Applies To	Standard of Proof	Consequence if Revoked
Motion to Revoke (MTR)Code Crim. Proc. Art. 42A.751 — regular community supervision	Regular probation after conviction	Preponderance of evidence — “more likely than not”	Original sentence imposed • No further appeal on merits
Motion to Proceed to Adjudication (MTTA)Code Crim. Proc. Art. 42A.108 — deferred adjudication	Deferred adjudication probation	Preponderance of evidence	Guilt adjudicated • Conviction enters • Full sentence range available
Technical ViolationNon-criminal condition failure	Any probation type	Preponderance	Modification, continuation, or revocation • Negotiable outcome
New Offense ViolationNew arrest while on probation	Any probation type	Preponderance for MTR • Reasonable doubt for new case	MTR + new prosecution running simultaneously
Arrest Warrant on MTRIssued by judge when MTR filed	Any probation type	N/A	No bond on MTR capias in many Bexar County courts

Probation violation defense San Antonio — MTR MTTA pre-filing intervention Bexar County CSCD

Technical vs. New Offense Violations — Completely Different Defense Approaches

Technical violations. Failed drug tests, missed reporting, incomplete community service, late fee payments — these are administrative compliance failures, not new criminal conduct. They are prosecuted at the preponderance standard, but they are also the most negotiable violations in the Bexar County system. A history of otherwise compliant probation, demonstrated good faith efforts, documented employment or medical circumstances — all of these carry weight with the Bexar County CSCD and DA Gonzales’s office in negotiating modification of conditions rather than full revocation. Intervention before the MTR is filed is the most effective approach on technical violations.

New offense violations. A new arrest while on probation creates two simultaneous proceedings: the MTR on the original case and the new criminal prosecution. Both run on separate timelines and both require defense. The new offense is what most people focus on — but the MTR is equally dangerous and can impose the original sentence before the new case is resolved. We defend both simultaneously with a coordinated strategy from the first day you call.

Probation violation defense attorneys San Antonio — Mark Hull and Allison Tisdale defending MTR MTTA in Bexar County courts

How We Defend Probation Violations in Bexar County

Time is the most critical factor. The earlier we are involved, the more options we have.

01

Intervene before the CSCD submits its report

When a probation officer reports a violation to the Bexar County CSCD, there is a window before the report reaches DA Gonzales’s office and before an MTR is filed. Intervention during this window — with documentation of the circumstances, evidence of compliance efforts, and contact with the supervising officer — can sometimes prevent the MTR from being filed entirely.

02

Challenge the violation itself at the hearing

At the revocation hearing, the state must prove the violation by a preponderance. We challenge whether the alleged violation actually occurred, whether the probation condition was clearly stated and properly communicated, and whether the evidence supporting the violation meets even the preponderance standard.

03

Present mitigating circumstances to avoid full revocation

Even when a violation occurred, revocation is not automatic. The court has discretion to modify conditions, extend probation, add special conditions, or impose a shorter jail term rather than the full original sentence. We present documented mitigating circumstances — employment, family support, compliance history, medical issues — to argue for the least restrictive response to the violation.

04

Address the no-bond capias issue immediately

In many Bexar County courts, an MTR capias arrest warrant results in no bond pending the revocation hearing. We appear at magistration or bond hearings to argue for a bond on the capias to keep the client out of custody while the violation is being resolved.

05

Coordinate MTR defense with new offense defense when applicable

When a new arrest triggers an MTR, the two cases must be defended with a coordinated strategy. Statements made in connection with the new arrest can affect the MTR proceeding. The timeline of both cases matters. We address both from day one.

06

Engage DA Gonzales’s office and the CSCD early

Allison Tisdale prosecuted cases in Texas courts before joining the defense. She knows how Bexar County’s CSCD and DA Gonzales’s office evaluate probation violations and what factors produce modification rather than revocation.

Probation Violation Defense in Bexar County — trial-tested, Former Prosecutors

Mark Hull has 20+ years of Texas criminal defense experience and has defended MTR and MTTA proceedings in the Bexar County Courts at Law and District Courts for over 20 years. The preponderance standard at revocation hearings and the no-bond capias practice in many Bexar County courts require specific local knowledge that comes from regular practice in these courts.

Allison Tisdale prosecuted cases as a Texas state prosecutor before joining the defense. We carry a 5.0 rating across 363 Google reviews and Over 930 dismissals or rejected cases since 2021 across Bexar County and Central Texas courts.

◆ Trial-Tested Criminal Defense

20+ years of Texas criminal defense experience. Bexar, Travis, Williamson, and Hays county courts. Mark Hull.

◆ Former State Prosecutors on Staff

Mark Hull and Allison Tisdale prosecuted criminal cases in Texas courts before joining the defense. They know how DA Joe Gonzales’s office builds cases — and where they fall apart.

◆ 20+ Years in Bexar County Courts

Regular appearances at the Cadena-Reeves Justice Center. We know the prosecutors, the judges, and how the Bexar County docket moves.

◆ Over 930 dismissals or rejected cases since 2021

Bexar County, Hays County, Travis County, and surrounding Central Texas courts.

Over 930dismissal or rejected cases since 2021

5.0Google Rating (363 Reviews)

20+Years in Bexar County Courts

Probation Violation FAQ — San Antonio & Bexar County

Common questions about probation violations in Bexar County courts.

What is a Motion to Revoke probation in Bexar County?+

A Motion to Revoke (MTR) is filed by DA Joe Gonzales’s office when the Bexar County Community Supervision and Corrections Department reports that a probationer has violated a condition of probation. The filing triggers an arrest warrant — often a no-bond capias in Bexar County courts — and requires a revocation hearing. At the hearing, the state proves the violation by a preponderance of the evidence, not beyond a reasonable doubt.

What is the difference between an MTR and an MTTA?+

A Motion to Revoke (MTR) applies to regular community supervision probation following a conviction. Revocation imposes the original sentence. A Motion to Proceed to Adjudication (MTTA) applies to deferred adjudication probation — where no conviction entered at the time of probation. If the MTTA is granted, a conviction enters for the first time and the court can impose a sentence anywhere in the original sentencing range, which can exceed the original plea agreement.

Can I get a bond after being arrested on a probation violation capias?+

It depends on the court and the nature of the violation. Many Bexar County courts routinely deny bond on MTR capias arrests, holding defendants in custody until the revocation hearing. We appear at the earliest available bond hearing to argue for a bond based on the specific circumstances — the nature of the violation, the compliance history, employment, and family ties. In some cases we can successfully argue for bond even on an MTR capias.

Does the state need to prove a probation violation beyond a reasonable doubt?+

No — and this is the critical difference from the original criminal case. At a revocation hearing in Bexar County, the state must prove the violation by a preponderance of the evidence, which means more likely than not. This significantly lower standard means even a disputed factual violation is easier for the prosecution to establish than it would be in a criminal trial.

What happens if my probation is revoked in Bexar County?+

If probation is revoked on an MTR, the court imposes the original sentence that was suspended when probation was granted. If the judge revokes an MTTA deferred adjudication, a conviction enters for the first time and the court can impose a sentence anywhere in the original range — which can be significantly longer than what was expected. In either case, there is no meaningful appeal on the merits of the revocation decision once the judge rules.

What if I missed a reporting appointment due to a medical issue or emergency?+

A documented medical emergency, hospitalization, family emergency, or other circumstances beyond your control is relevant mitigating evidence at a revocation hearing or in pre-filing negotiations. The Bexar County CSCD and DA Gonzales’s office consider documented good faith and mitigating circumstances when evaluating whether to file an MTR and what disposition to recommend. Documented evidence of the circumstances — medical records, hospital discharge papers, emergency documentation — should be preserved immediately.

What should I do if I think my probation officer is going to report a violation?+

Call 210-692-4913 immediately — before the report is submitted to the CSCD, before the MTR is filed, and before an arrest warrant issues. The pre-filing window is the most effective stage for intervention. Once the MTR is filed and the capias is issued, the options narrow significantly. Do not wait to see if anything happens.

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210-692-4913

Probation Violation Defense in San Antonio — Bexar County

Probation Violations in Bexar County — Two Types of Proceedings, Both Dangerous

MTR vs. MTTA — Understanding the Two Bexar County Proceedings

Technical vs. New Offense Violations — Completely Different Defense Approaches

How We Defend Probation Violations in Bexar County

Probation Violation Defense in Bexar County — trial-tested, Former Prosecutors

Probation Violation FAQ — San Antonio & Bexar County

Probation Violation Resources — San Antonio & Bexar County

Criminal Defense Hub

Assault Defense

Drug Charges

DWI Defense

Expungement San Antonio

San Antonio Criminal Defense

What Our Clients Say

Probation Violation in San Antonio? Call Us Immediately.