Motion to Revoke
Frequently Asked Questions

A motion to revoke is the document the prosecutor files if they think you violated the terms of your probation. In Washington, you might have a motion to revoke filed in your case because you did something you weren’t supposed to do, like be accused of a new crime or didn’t stay off alcohol or drugs. A motion could also be filed because you didn’t do something you were supposed to do, such as:

-Make payments to the court or victims

-Report to a monitoring service—like probation services or electric home monitoring

-Participate in a DUI victim’s panel

-Obtain an evaluation for chemical dependency

-Finish treatment for chemical dependency, domestic violence, mental health, or anger management

-File proof of certain classes like: consumer awareness, defensive driving school, or alcohol and drug information school

You would have had these requirements imposed when you plead or were found guilty, or when you entered certain kinds of agreements with the court.  The reason behind a motion to revoke is to hold you accountable for what you have agreed to.

Sometimes through serving jail time, but mostly by making sure you get in compliance with the courts.

Then you are going to want the best defense to handle those new charges. The only way to get your life back and back on track would be to hire an attorney who has your best interests in mind and can diligently put time into an aggressive defense. Our attorneys are experienced in Superior and District court cases in Washington and we highly suggest looking at their profiles to see if they are the best fit for you.

A Motion to Revoke may not be resolved until your new charges are. If you were to resolve a Motion to Revoke before resolving an underlying charge, the prosecutors could use that against you, so it’s not recommended that you do so without seeking legal advice first.

Yes.  The best way to avoid jail time is to get back in compliance (this is to say, do the things the Motion says you didn’t do).  For example, if the Motion accuses you of not getting a chemical dependency evaluation, the best way to avoid jail time is to get that evaluation!

The court needs proof.

Usually, what we see is that a defendant has completed their dependency evaluation or has been in treatment, and our court has not received evidence of this.

Often clients are sometimes told by their treatment providers that the provider will file proof, but that doesn’t always happen. Because you’re the one who can get in trouble without it, we recommend filing proof yourself.

Some people believe that if they wait for a couple of years, the requirements they agreed to do with the courts will go away. That is not the case. The courts do not forget these requirements just because some time has passed. Think of your Pretrial Diversion Agreement or Judgement and Sentence documents as a contract that you must abide by to avoid further trouble. Again, the purpose of our justice system is to hold people accountable. 

A lot of things can “stop the clock” on probation.  For example, the probation clock pauses any time you miss court until you make yourself available to the courts again.