February 25, 2011, 10:12
suzannewestprobation term expired, all violations not filed
A motion to revoke was timely filed for new offense. The supervision period has now expired. Can we go back and add more violations that occurred during time of supervision after term has expired since original MTR was timely?
February 25, 2011, 10:47
Adam PooleNo you're stuck with the existing motion.
543 S.W.2d 650 and 691 S.W.2d 748.
But if the judge revokes based on the new offense he/she should still be able to consider any other violations as evidence to justify more punishment.
February 25, 2011, 11:09
suzannewestThanks! I thought that was the law but was having trouble putting my hand on the case that said it.