I would like to know some different ideas on this case here. Defendant was placed on deferred adjudication after pleading guilty to Failure to Identify as a fugitive the first part of August 2010. The defendant violated the terms of the deferred adjudication 6 different ways. Short and sweet no one has heard from the defendant sence August. Today I am given a Summons for the defendant to appear in court for Motion to Adjudicate. Powers to be advised that they can not issue a warrant sence the defendant has already been to court on the charge?!?!?! Does anyone understand this? If so can you help me understand?

Could you be more specific as to who the "Powers to be" are. If this is a JP then he/she is correct. The process in seeking to revoke the defendant's probation is that the probation department reports the violations to the prosecutor who then files a Motion to Adjudicate with the clerk of the court that placed the defendant on probation. Then the judge of that court signs an order for the clerk to issue a Capias for the defendant's arrest. No other magistrate can order the issuance of this Capias (there are rules when the original judge is not available). However, some times the probation department attempts to handle the matter in a more informal way by issuing a Summons in an effort to see of a stern verbal "lashing" from the judge will get the defendant's attention.

Take a look at The Perfect Plea chapter on Community Supervision.