MOTIONS TO ADJUDICATE & MOTIONS TO REVOKE

A probation case (motion to adjudicate guilt or “MTAG” and motion to revoke probation or “MTR”) can carry high stakes and harsh penalties. If you have a probation violation case, it is imperative that you immediately hire a lawyer, as you are still on probation until the Court says otherwise.

MOTION TO ADJUDICATE GUILT (MTAG) v. MOTION TO REVOKE (MTR) PROBATION CASES

Both Motions to Adjudicate Guilt and Motion to Revoke Probation, involve the court putting off some aspect of punishment. In a Motion to Adjudicate Guilt, the Court has previously put off convicting you of the offense you were placed on probation for, as well as the penalties (driver’s license suspension) associated with that offense. In a Motion to Revoke Probation, you have already been convicted of the offense, but the Court has previously put off any jail or prison time.

PROBATION CASE ISSUES TO BE AWARE OF

It is important to understand that the basis for the charge that you were placed on probation for cannot be attacked in probation revocation case. Instead, you are entitled only to a limited hearing where the Court will determine if any of the terms of your probation have been violated by you. The standard of proof required to prove a violation is significantly lower than beyond all reasonable doubt—probation cases are determined by a preponderance of the evidence. If any single term has been violated, the Court then decides what the appropriate punishment is. The options the Court has are either to (1) continue you on probation, or (2) adjudicate and sentence you to jail or prison (MTAG) or sentence you to jail or prison (MTR).

Because prison or jail time is always very much on the table for probation cases, and because the standard of proof is so low to prove a violation, you need a lawyer who can challenge the alleged violations and advocate for keeping you on probation.