Violating probation in Texas can quickly lead to a resumption of someone’s legal difficulties, with re-arrest and a return to court for a probation hearing, where probation can be revoked.
But even after violating probation, it may be possible to get bailed out, with what bondsmen call an MTR Bond. If your loved one is arrested for violating probation and hopes to avoid awaiting trial in pre-trial detention, it’s important to understand MTR Bonds.
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What Is an MTR Bond in Texas?
An “MTR Bond” is how bail bondsmen refer to the bond secured to get out of detention after a probation violation, because it follows a judge’s “Motion to Revoke” in a probation hearing.
MTR stands for Motion to Revoke. It is when the court revokes probation over a violation.
A Motion to Revoke is distinct from a Motion to Adjudicate, which applies to cases under deferred adjudication. If a case is under deferred adjudication, it means a person pled guilty to a crime but the court has given probation in lieu of rendering a guilty verdict. If a judge issues a Motion to Adjudicate due to a probation violation, the deferred guilty verdict is rendered, and the person faces punishment for that crime (fines, jail, etc.).
Probation violations big or small can lead to arrest, but a probation violation in itself is different from a new, separate criminal charge. People can, however, also be charged with additional crimes committed while violating probation.
What Happens After Someone Is Arrested for a Probation Violation?
After an arrest for a probation violation, the person is booked into jail and must appear before the court.
Here’s what happens step-by-step:
- A probation officer or the court reports a violation and a warrant is issued for the person who violates probation, and the police re-arrested them.
- At the jail, they are booked (fingerprinted, etc.) and put in detention.
- They may notify family of their charges.
- A probation hearing is scheduled, though it may not happen immediately depending on scheduling and administrative backlogs.
- At the hearing, a judge determines whether to revoke probation.
Can You Get Bail for a Probation Violation in Texas?
You can sometimes get bail for a probation violation, depending on the case, the type of alleged violation and, ultimately, the judge’s decision.
When you violate probation, you are not guaranteed bond. The judge decides if bail is available and sets it at their discretion. The judge may differentiate between a serious violation like, for instance, failing a drug test, and a technical violation, like missing a check-in call due to a lost cell phone.
Committing additional crimes while on probation greatly reduces chances for being granted bail after a violation.
What Are Common Reasons Someone Violates Probation
People violate probation for many reasons, intentional and accidental; serious and technical, including:
- Missing court-mandated meetings (check-in calls or in-person, etc.);
- Failing a drug test;
- Not paying fines;
- Missing or skipping classes (anger management, alcohol management, etc.);
- Leaving court-mandated boundaries (e.g., the county);
- Not doing required community service;
- Being arrested on a separate charge;
- Violating a protective order (contacting a person you shouldn’t, etc.)
What Should Families Do After a Probation Violation Arrest?
When someone is arrested on a probation violation, a family should locate where their loved one is being held and speak with legal counsel or a bail bondsman about how to proceed. They should:
- Confirm where the person is being held.
- Write down the exact charges.
- Ask if they can be bonded out.
- If so, contact a bail bondsman
- Write down necessary court dates and any other important information from the court or bondsman.
How Long Does Someone Stay in Jail After a Probation Violation?
The timeline for getting out of detention is highly variable, depending on:
- The judge’s availability.
- Court scheduling and administrative backlog.
- How serious the case is.
- If the person has previous convictions.
- Other case-related issues.
What Can Happen at a Motion to Revoke Hearing?
At a Motion to Revoke hearing, the judge will:
- Assess if a probation violation occurred, and its severity.
- Determine the consequences.
- Set bail (if available).
Consequences can consist of:
- Probation continuing without changes.
- Probation continuing with modified or additional conditions.
- A brief, punitive additional time in detention.
- The full revocation of probation and institution of associated penalties.
- For very serious cases, a jail sentence.
Need Bond After MTR? Call River City
Probation violation arrests can make life difficult, but they don’t necessarily mean awaiting trial in jail. If your loved one needs bailing out after a Motion to Revoke, contact River City Bail Bonds fast to see how we can help.
Frequently Asked Questions About Probation Violations and MTR Bonds in Texas
What does MTR mean in a Texas probation case? MTR stands for Motion to Revoke. A Motion to Revoke is filed when someone is accused of violating the terms of probation. The court then determines whether a violation occurred and whether probation should continue, be modified, or be revoked.
Can you bond out of jail on an MTR in Texas? Sometimes. A person arrested on a Motion to Revoke is not automatically entitled to bond. Whether bond is available depends on the circumstances of the case and the judge’s decision. If the court allows bond, a bail bondsman may be able to help secure the person’s release.
How long does it take to get an MTR bond in Texas? There is no standard timeline for an MTR bond. The process can depend on when the person sees a judge, whether bond has been set, the court’s schedule, the seriousness of the alleged violation, and the person’s criminal and probation history. Some cases move quickly, while others require additional court proceedings before release is possible.
What is the difference between an MTR and an MTA in Texas? An MTR, or Motion to Revoke, generally applies when someone is accused of violating regular probation. An MTA, or Motion to Adjudicate, applies to deferred adjudication cases. With an MTA, the court may decide whether to enter a finding of guilt and impose a sentence after an alleged probation violation.
Can you go to jail for missing a probation appointment in Texas? Yes. Missing a required probation meeting, check-in, class, payment, or other condition can potentially be treated as a probation violation and may result in a warrant. What happens afterward depends on the circumstances, the person’s probation history, and the court’s decision.
What happens if you commit a new crime while on probation in Texas? Being arrested for a new offense while on probation can create two separate legal issues: the new criminal charge and a possible probation violation. A new arrest may also make it more difficult to receive bond on the probation violation, depending on the case and the judge’s decision.
Can a judge reinstate probation after an MTR hearing? Yes. Revocation is not the only possible outcome of an MTR hearing. Depending on the violation and circumstances, a judge may allow probation to continue as originally ordered or continue it with additional or modified conditions. The judge may also impose other penalties or revoke probation entirely.
What should I have ready when calling a bail bondsman about an MTR? Have the person’s full legal name, date of birth, the jail or county where they are being held, and any available booking or case information. It is also helpful to know whether a judge has already set a bond. A bail bondsman can then determine whether a bond is available and explain what information or documentation may be needed.
