Plano, TX asked in Criminal Law and Domestic Violence for Texas

Q: My ex-husband is currently in jail on a MTR. He had a hearing for motion and order to dismiss. What does this mean

His original charge was F/V impeding breath in Texas. He was on probation for 2 years and got a violation for poss. Of Marij. So they revoked him and jailed him. He’s been in jail for a few months now with no bond, he has a MTR hearing in November. But recently had a motion and order to dismiss hearing. What does that mean

1 Lawyer Answer
Michael Hamilton Rodgers
Michael Hamilton Rodgers
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: You are incorrect when you say "they revoked him". They did not revoke his probation. They (the prosecutors in his case) filed a Motion to Revoke his probation and he is waiting for his hearing on that motion. Only the judge in his case can revoke his probation.

You should ask your husband's lawyer what the recent hearing was about. Because you have not said who filed this Motion to Dismiss (your husband's lawyer or the prosecutors), your question cannot be answered here with anything but uninformed speculation.

I hope everything works out for you and your husband. Good luck!

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