Texas: Motion to Revoke Community Supervision

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Latest post 12-16-2010 11:50 PM by NineTenthsOfTheLaw. 0 replies.
  • 12-16-2010 11:50 PM

    Texas: Motion to Revoke Community Supervision

    In the State of Texas, when a movant files a MOTION TO REVOKE COMMUNITY SUPERVISION, is the individual on probation served and required at the subsequent hearing?   Or does the Court first verify the motion and, if the motion alleges a prima facie case, order the respondent's arrest by warrant?

    Thanks,

    9/10

     

    Applicable Family codes follow:

    ---------------------------------------------------------

    Sec. 157.214.  MOTION TO REVOKE COMMUNITY SUPERVISION.  A prosecuting attorney, the Title IV-D agency, a domestic relations office, or a party affected by the order may file a verified motion alleging specifically that certain conduct of the respondent constitutes a violation of the terms and conditions of community supervision.

    Sec. 157.215.  ARREST FOR ALLEGED VIOLATION OF COMMUNITY SUPERVISION.  (a)  If the motion to revoke community supervision alleges a prima facie case that the respondent has violated a term or condition of community supervision, the court may order the respondent's arrest by warrant.

    (b)  The respondent shall be brought promptly before the court ordering the arrest.

    Sec. 157.216.  HEARING ON MOTION TO REVOKE COMMUNITY SUPERVISION.  (a)  The court shall hold a hearing without a jury not later than the third working day after the date the respondent is arrested under Section 157.215.  If the court is unavailable for a hearing on that date, the hearing shall be held not later than the third working day after the date the court becomes available.

    (b)  The hearing under this section may not be held later than the seventh working day after the date the respondent is arrested.

    (c)  After the hearing, the court may continue, modify, or revoke the community supervision.

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