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Motions to Adjudicate / Motions to Revoke
The Criminal Division is responsible for:
  • Reviewing reports of violations submitted by the Probation Department on a defendant placed in probation at the defendant’s original court hearing
  • Recommending punishment for violations 
  • Prosecuting violations of probation conditions

The process for filing motions to adjudicate/motions to revoke is as follows:
  1. A report of a violation is received from the Probation Department. 
  2. A motion to adjudicate (deferred probation) or a motion to revoke (non-deferred probation) is prepared and signed by the county attorney. 
  3. The motion is filed with the County Clerk and set for a hearing by the County Court at Law. 
  4. At the hearing, the defendant may be:
    • Adjudicated - The defendant, given deferred probation, is either placed on non-deferred probation with additional conditions assessed or is adjudicated and sentenced to a term in jail
    • Continued - The term of probation is not altered, but additional conditions may be assessed
    • Extended - The term of probation is extended, and additional conditions may be assessed
    • Revoked - Probation is terminated, and the defendant is sentenced to a term in jail

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