Motion to Revoke Probation in Texas

What is a motion to revoke probation in Texas?

Texas calls probation "community supervision." When the State believes a person violated a condition, it files a motion asking the judge to revoke. At any time during supervision, the judge may issue a warrant for a violation and have the person arrested. Source: Texas Code of Criminal Procedure Art. 42A.751

What is the difference between a motion to revoke and a motion to adjudicate?

Source: Texas Code of Criminal Procedure Ch. 42A

On regular community supervision, a sentence was already assessed and suspended. If supervision is revoked, the judge may impose that sentence or reduce it to any term not less than the minimum for the offense. Source: Texas Code of Criminal Procedure Art. 42A.755

On deferred adjudication, there is no conviction yet. If the judge adjudicates guilt, all proceedings, including punishment, continue as if guilt had never been deferred. Source: Texas Code of Criminal Procedure Art. 42A.110 That means the judge can impose anything within the full range for the original offense, though the statute also allows the court to grant community supervision after adjudication.

What happens after an arrest on a probation violation warrant?

Without unnecessary delay, and no later than 48 hours after arrest, the person must be taken before the judge who ordered the arrest or, if that judge is unavailable, a magistrate in the county of arrest. Only the judge who ordered the arrest may authorize release on bail. Source: Texas Code of Criminal Procedure Art. 42A.751(c)

If the person is not released on bail, they can file a motion for a hearing, and the judge must hold the hearing within 20 days of the date the motion is filed. Source: Texas Code of Criminal Procedure Art. 42A.751(d)

What rights do you have at a revocation hearing?

• Right to counsel. A person has a right to a lawyer at the hearing, and the court must appoint one for an indigent defendant. Source: Art. 42A.751(k)
• Hearing before a judge. The hearing is held without a jury. Source: Art. 42A.751(d)
• Limits on amending the motion. In a felony case, the State may amend the motion at any time before the seventh day before the hearing, and after that only for good cause. It cannot amend once evidence begins. Source: Art. 42A.751(f)
• No revocation on a polygraph alone. The court may not revoke if the only evidence of the violation is the uncorroborated results of a polygraph exam. Source: Art. 42A.751(h)
• Ability to pay. If the only allegation is failure to pay supervision fees, court costs or the costs of appointed legal services, the State must prove by a preponderance of the evidence that the person was able to pay and did not. Source: Art. 42A.751(i)
• Continuances. Either side can ask for a continuance for good cause, so the 20-day hearing may be reset. Source: Art. 42A.751(g)
• Right to appeal a revocation. Source: Art. 42A.755(e)

What can the judge do instead of revoking?

After the hearing, the judge may continue, extend, modify or revoke supervision. Source: Art. 42A.751(d) If the judge finds a violation but continues or modifies supervision, options include:

• Added community service hours.
• Extending the supervision period.
• Increasing the fine, but not above the maximum for the offense.
• Placement in a substance abuse felony punishment program, for eligible felony cases where the judge finds drugs or alcohol significantly contributed.

Source: Texas Code of Criminal Procedure Art. 42A.752

Supervision in a first, second or third degree felony case may not be extended beyond 10 years in total. In a misdemeanor case the limit is generally three years, with up to two more years if the person has not paid a fine, cost or restitution and the judge finds the extension makes full payment more likely. An extension can also be ordered within one year after supervision ends if a motion to revoke was filed before it ended. Certain sex offense cases have a separate extension rule. Source: Texas Code of Criminal Procedure Art. 42A.757 Source: Texas Code of Criminal Procedure Art. 42A.753

Is there a defense for failing to report?

Yes, in some cases. For an alleged failure to report to a supervision officer or to remain within a specified place, it is an affirmative defense that no officer contacted or attempted to contact the person in person at their last known residence or employment address on file. Source: Art. 42A.756 The same defense applies to deferred adjudication. Source: Art. 42A.109

Can probation be revoked after it ends?

Yes, if the paperwork was filed in time. The court keeps jurisdiction after the supervision period expires if, before it expired, the State filed a motion to revoke, continue or modify and a capias was issued for the person's arrest. Source: Art. 42A.751(l) The same rule applies to a motion to adjudicate on deferred adjudication. Source: Art. 42A.108(c)

Does time on probation count toward a sentence after revocation?

Generally no. Time spent on community supervision does not count toward the sentence. The exception is time served as a condition of supervision in a substance abuse felony punishment facility or other court-ordered residential program, but only if the person successfully completed that treatment program. Source: Art. 42A.755(c) and (d)

Last updated October 2026

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This page is general information about Texas law, not legal advice about your situation. Reading it does not create an attorney-client relationship.