QUESTION
What can I do if my husband was arrested for a probation violation?
Asked on Apr 22nd, 2015 on Criminal Law - Texas
More details to this question:
This past week we went to his Probation Officer date nothing happened she set him up another return date acted as if nothing were wrong. This morning we get a knock there's cops out here they tell us he violated probation they take him peacefully thankfully they were gentleman about it. His violation is considered a misdemeanor he is on deferred probation and has done the 1 1/2 for his 3 year term. He hasn't violated previous to this violation, has made his payments on time and completed all the classes required. He had been honest about the circumstances with his po we brought medical documents proving why he had done what he did, the last time we were there. It had been a month already when he returned back for his last visit to the probation office. What is the possible outcomes from this. Could he be given the option to just keep this on his record pay whats left of restitution. Will they give him more probation or is he not going to be given any other option but jail. Please respond as I am confused with this situation.
1 ANSWER
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Cynthia Henley
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A little hard to help when there are so many unanswered questions but here is a stab. He is apparently on a felony probation and picked up a misdemeanor charge. You believe that his medications provide an excuse for his actions which resulted in the misdemeanor charge. It is unlikely that medications caused someone to commit an offense. Even though he disclosed his new charge to his p.o., his p.o. was obligated to notify the court that he had violated. The court made the decision to file a motion to revoke his probation. Once he goes to court on the revocation motion, the court can?revoke the probation, modify the probation (to add conditions and / or extend it), or just dismiss the allegations of violation and let him continue his probation. He needs a lawyer.
Answered on Apr 27th, 2015 at 7:23 AM