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Can a probation officer make a mistake by arresting you?

Houston, TX |

My bf went to see his probation officer today and they told him she wasn't in and he was going to see someone else, also he was during a drug test. however, they arrested him and wouldn't tell him why he did not see his probation officer. can they switch your probation officer without telling you? and also i saw on his paperwork that it says monday,15,2103 which she made a mistake on the day and year, could that be the reason why he got arrested? because it says monday instead of being tuesday and the year is all messed up as well? his probation is for DWI 0.19 , he has been doing everything they have asked him too do and has been blowing in his intaxolock.

does he have any chance of not getting jail time since the judge gave him an extension for violating his probation the first time?

Attorney Answers 4


  1. Yes they can switch your po without telling you. Yes probation officers make mistakes. Yes he has a chance of not getting jail time. I have no idea why he was revoked. He will be served with a copy of the state's motion to revoke, and it will tell him why he's been violated. He needs an attorney. That person will know how to handle the situation.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Please consult an attorney who practices criminal law in your jurisdiction for the most accurate legal advice.


  2. Sure. Anybody can make a mistake. But to actually arrest him means that there is probably an active motion to revoke/adjudicate...meaning that the DA thinks he has done something else to violate his probation since the last time they brought him to court. He needs to get a good lawyer involved. If I'm right then the DA and judge will initially not be very willing to keep him on probation the second time around. A good lawyer that knows the system will be able to get him in the best position possible.

    *** The fact that you solicited advice over a public forum waives any attorney-client privilege thus far. In addition, communications over this forum do not create any attorney-client relationship. To have a privileged conversation and/or establish an attorney-client relationship, contact me using the following information: Peyton Z. Peebles III Capitaine, Shellist, Peebles & McAlister, LLP, 713-715-4500 (office) 713-715-4500 (cell) Peebles@TexasLegalTeam.net www.TexasLegalTeam.net


  3. My colleagues from Texas both gave excellent answers here. Hopefully your boyfriend can afford to hire private counsel to answer these allegations, whatever they end up being.


  4. An individual's probation officer can be changed at any time. Further, probation officers can make a mistake like anyone else. However, in order to arrest an individual the probation officer to effectuate an arrest there has to be an active motion to revoke/adjudicate. This motion is predicated on the prosecutors believe that the accused has done something or failed to do something he was required to do to violate his probation. He needs to get a good lawyer involved.
    If this is his second time to be arrested on a violation the ADA and judge may be very hesitant to continue him on probation. If so, an experienced attorney may be able to work out a favorable plea.

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