Will probation put out an MTR on me if I violated on zero tolerance but have actively fixed issue?: I’m on felony deferred probation- zero tolerance. I went to inpatient treatment 9 months ago per probations requirements and have been clean for this long but recently relapsed and came up dirty on a ua. I have since actively enrolled in intensive treatment services before my probation officer has violated me. Do you think they’ll still issue an MTR?
Dr. Edgardo’s answer: Before I answer your question, I have a few questions of my own. What court and what county were you on probation from? What were you on probation for? Have you ever received an MTR before?
Charged with robbery: I was charged with robbery was stealing food for my kids pushed dollar general worker and was charged with robbery it was told to me once I pushed the worker it turned into robbery
Dr. Edgardo’s answer: First and foremost, do not admit to anything, even on this forum, as it can be used against you in the most extreme of cases. Consult with a local lawyer, if you can afford to hire one, or, if you cannot, one will be appointed to you by the court. Good luck and God bless!
Need advise on Speedy Trial Motion.:
Just here hoping to get a couple other opinions. Im facing a DWI 2nd in Dallas Co from June 2025. It's been over a year and there hasn't been any court dates set at all (no reschedules, etc - just none at all - Besides one like the week after the arrest or what have you if you count that).
7 months after, in January of this year the DA Accepted the case and the prefile case was created. But no court date and no information after that.
I know were not waiting on blood results or anything crazy and there's not discovery or anything going on it just seems stale.
My attorney seems to think its possible it slipped thru the cracks and we might not even get a court date unless we ask. My options are to prompt them and if so can probably get a court date pretty quicky. Or we wait around for another year and after another year we can ask for a dismissal because of the right to Speedy Trial.
I'm torn because I would like to get this over with and accept any punishment, but if it could get dismissed that would be great too. I just feel like the odds of that are too good to be true. Should I continue to wait it out?
Dr. Edgardo’s answer: This happens all the time in busy counties like Dallas. Texas state courts, unlike the federal courts, have no strict speedy trial deadlines, but the courts use the balancing test: Baker v. Wingo. There must be a good reason for a delay (docket baglog, testing evidence backlog, etc.), and a ground to file it would be prosecutorial misconduct or negligence from the same. Consult your lawyer to see if it would be feasible to file it. Good luck and God bless!