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:
- A report of a violation is received from the Probation Department.
- A motion to adjudicate (deferred probation) or a motion to revoke (non-deferred probation) is prepared and signed by the county attorney.
- The motion is filed with the County Clerk and set for a hearing by the County Court at Law.
- 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