Dallas, TX asked in Criminal Law, Civil Rights and Constitutional Law for Texas

Q: MTR burglary of a habitation,i have two sworn affidavits 1victim and perpetrator what motion can I file

Both affidavit stated that I had nothing to do with the burglary of a habitation what motion can I file to get a bond

1 Lawyer Answer
Grant St Julian III
Grant St Julian III
Answered
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: You have 2 separate issues. 1) Are the allegations contained in the motion to revoke true, and, 2) before a hearing on the motion is held, can you be granted bond during pendency of the matter. I would have to review the motion to revoke on the first issue, and would have to know the history of your case regarding the second. Are you on probation for a burglary of habitation charge, or are you on probation for another charge, and the motion to revoke alleges a new burglary of habitation? Is this the first motion to revoke filed in your probation case? Are you on deferred or straight probation? Is a warrant for your arrest currently outstanding? If so, the general rule is nothing will be done on your case until you are in custody. Once you have been served with the revocation motion, a request for bond can be made. Unfortunately, since I do not know the exact status of your situation, I cannot provide specific advice. Call a local attorney for more details.

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