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Motion to revoke

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mwinkler

Junior Member
Texas
I have been on probation two years and done all my classes ,CS, and I got pulled over and they found like small amount of meth so Now I got a charge of poss of CS less then 1 and a motion to revoke .I was on probation for Man /dev of CS less then ! on two acocounts ,I was set up by a girl working for the laws and got 5 years probation did 2 good before this last charge ..So does this mean I automatic go to state jail 2 years or could I get restated or do my time in county jail ? I hear so many things and go to court in two weeks ..
 


ERAUPIKE

Senior Member
Texas
I have been on probation two years and done all my classes ,CS, and I got pulled over and they found like small amount of meth so Now I got a charge of poss of CS less then 1 and a motion to revoke .I was on probation for Man /dev of CS less then ! on two acocounts ,I was set up by a girl working for the laws and got 5 years probation did 2 good before this last charge ..So does this mean I automatic go to state jail 2 years or could I get restated or do my time in county jail ? I hear so many things and go to court in two weeks ..
There is no way to tell but it appears that some jail time may do you some good.
 

HappyHusband

Senior Member
Texas
So does this mean I automatic go to state jail 2 years or could I get restated or do my time in county jail ? I hear so many things and go to court in two weeks ..
It is not automatic.
When you go to court, the DA should have a plea offer for you. If you don't like the offer, ask for a hearing. They will set a Motion to Revoke hearing in front of the judge (no jury!). If you win, you continue on Probation. If you lose, you will probably get it worse than the DA's original offer. Get an attorney to help negotiate a better plea offer or represent you at the MTR hearing.
Depends on the County, but expect some jail or prison time.
 

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