What Happens When The State Files An MTR

 Posted on July 24, 2020 in Criminal Defense

So if you're on probation, the thing you're trying to avoid at all costs is the motion to revoke your probation commonly referred to as an MTR. Now what happens in an MTR is your probation officer sends a letter or a violation report to the state's prosecutor, letting them know they believe you violated one of the terms of your probation. The prosecutor's office is, in turn, going to file that MTR, send it over to the judge for signature and then a warrant is going to be issued for your arrest.

What are common violations of probation?

Failing to appear, not completing court ordered classes, or failing a drug test are all common examples of probation violations we see but by far the worst violation you can possibly have is the allegation that you've committed an additional or a subsequent crime while on that probationary period. Now when a judge issues an MTR, they may or they may not set a bond when they do. Some judges wait till here physically arrested to set that bond, others wait until your attorney actually approaches them and ask for a bond. All of this can be avoided by working with a local criminal defense attorney and a bondsman to turn yourself in the jail and then immediately bond yourself right back out.

What is the process of an MTR court hearing?

So if you find yourself in court on one of these motions to revoke probation hearings, the judge is going to want to hear from your probation officer about the allegations surrounding your alleged violations of probation. Now if the judge finds it's true that you violated your probation, they're going to have a number of options available to them including extending your probation, adding in digital classes and fines or either revoking your probation and sending you either to the county jail, or to prison. So if you find yourself in a situation where you have an MTR against you or you think an MTR may be coming. It's important that you work with a local criminal defense attorney quickly so they can begin to devise a plan to keep you on probation and keep you out of jail.