On Behalf of | Oct 14, 2010 | Criminal Defense |

In Texas, there are standard terms and conditions of probation.  One is that you must follow the law.  If you violate the law, then the probation office will file a Motion to Revoke your probation if you are on regular probation.  If you are on deferred adjudication probation, then your probation officer will file a Motion to Adjudicate.  

If you violate one of the other standard conditions of probation then the probation officer may also file a Motion with the court to send you to jail.  The state has the burden of proving that you violated a term or condition of probation by a preponderance of the evidence.  That is a much lesser burden than the state is held to at trial where it is beyond a reasonable doubt.
However, there are defenses to alleged violations.  For instance, there is the defense of impossibility.  Also, sometimes a plea agreement can be negotiated to reinstate the probation.