Joseph Ross Gallo's Answers

Felony charge tampering with document

Unfortunately, I believe that your options are severely limited at this point. Mr. S had the opportunity to argue whether or not it was fair/just to be revoked at the Motion to Adjudicate hearing. If Mr. S. chose to fight the motion to adjudicate, his attorney would have been given the opportunity to present the judge with all of the arguments that you have brought up. The Judge would then decide whether or not they were persuasive. Instead, Mr. S decided to accept the settlement offer that was...

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Probation is revoked.sentence 1yr state jail. does he serve the whole yr. this is in texas

Yes.* Texas State Jail sentences are day for day. No good time. No parole. *The only way it will be less than a full one year is if he is entitled to any credit for previous time served on the same charge. For example, normally he would receive credit for the days that he was in jail after he was first arrested - prior to making bond.

Can a record be sealed while still on probation in TX?

Unfortunately, I have bad news for you... First, you can never get your criminal record sealed "while" you are still on probation for that offense Second, presuming that you were an adult (i.e. 17 years of age or older) at the time of the alleged offense, that you plead guilty or no contest to the charge, and you were represented by an attorney...If you accepted "regular" probation as opposed to deferred adjudication probation, then you can never have the arrest and conviction "sealed."...

I am on probation for 8 yrs and i messed up and wrote alot of hot checks how much time will they give me

It depends... This is actually a very common question. What am I going to get? Unfortunately, every single case is different, as it should be... First, let's talk about the maximum punishment you could receive if you are revoked. This can be determined by reviewing your original plea agreement or sentence. If you received straight/regular probation, then the maximum sentence you can receive has already been determined. It may be 5 years probated for 8 years, or it may be 8 years...