Probation revoked within 30 days? File a Motion for New Trial.

It’s pretty rare that a defendant gets revoked on probation within 30 days. If you do, then consider filing a motion for new trial. In the right case, it’s like a get out of jail free card, and the new trial motion will effectively start the probation over. You have to really screw up your community supervision to get revoked so fast. One thing to consider is whether you really want to be on probation, that’s something you can go over with your lawyer. It might be easier to just sit out the sentence, especially on a misdemeanor.

What’s the law on new trial motions in Texas probation cases?

The filing of an effective and timely motion for new trial, retroactively renders the judgment nonfinal. Lundgren v. State, 434 S.W.3d 600 (Tex.Crim.App. 2014). When a timely Motion for New Trial is filed, the terms of probation begin when the motion for new trial is overruled. Id. See also McConathy v. State, 544 S.W.2d 668 (Tex.Crim.App. 1976). In Lundgren v. State, the state moved to revoke defendant’s probation one week after the judgment for his initial DWI charge. Lundgren v. State, 434 S.W.3d 596 (Tex.Crim.App. 2014).   Defendant filed a motion for new trial on the first DWI offense, and the Court of Criminal Appeals of Texas ruled that, the motion for new trial rendered the judgment as nonfinal. Id. at 598. Therefore, defendant’s community supervision for his first DWI offense did not begin until the motion for new trial was overruled. Id. at 600.