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Can my boyfriend expect Jail-time after abusing his probation period? He was on probation because of a DWY among other felonies.

San Antonio, TX |

Hello, I live in Texas and my boyfriend is involved in the following situation: He was stop in Nov for drunk driving and received a DUI and he was place under probation for 1 year in which he was only allowed to drive from his house to his place of employment. Despite being place in probation he continued to go out and drive under the influence of alcohol almost every weekend. In which he was stopped once and received a ticket and then taken into police custody and I later bail him out. Failing to pay his court payments he was picked up by two cops and was arrested and taken into police custody in which I had to apply for a Bail bond: Payed 200 to get him out. He's very irresponsible, immature thinks he can get away with anything. His License plates are expired,both registration and insp

Attorney Answers 3

Posted

If you don't have an attorney you should consider hiring one to represent him on what will likely be a motion to revoke his probation. This could result in him being sent to jail for the time stated in his plea agreement or an attorney could try to get the probation extended.

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Thank you ! But he has been to court this past month for the 2nd time and the judge gave him a chance to revoke his probation but he had 5days to install a breathalyzer in his car the one with the camara thing he fail to complete. Also he was responsible for enrolling in a defensive driving class among two more required classes which again fail to enroll. he also fail to meet with his probation officer since he was mandated to meet with one. I believe he only met with the probation officer just once. And two weeks ago again he was involved in a car accident it and was not his fault but he was under the influence and was taken into police custody... Later released in the morning of the same day. With that being said, should I contact a lawyer to defend him on his next court day July 15. Or no matter what he's going to face jail time ?

Maverick Ray

Maverick Ray

Posted

Since he has what appears to be multiple violations of his probation he may in fact be looking at jail time, however, if you hire an attorney your chances will be greatly improved.

Posted

Your boyfriend signed an agreement that if he violated the terms of his probation the judge could sentence him up to the maximum time and fine for the offense. It is up to the judge whether he gives your boyfriend another chance and does not revoke his probation. Some courts will extend his probation and force him to get treatment or else face jail time others will just revoke him and sentence him to jail time. Since all courts are different, you should consult his attorney that represented him on his case or go and consult with other attorneys that are familiar with the court were he was put on probation. No one here can tell you for sure if he will do jail time, but he will need an attorney to keep him out of jail. Good luck.

Legal disclaimer: My answers are only intended as general legal advice based on my experience. They are not intended to be a binding legal opinion nor to create an attorney-client relationship.

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Posted

Thank you ! But he has been to court this past month for the 2nd time and the judge gave him a chance to revoke his probation but he had 5days to install a breathalyzer in his car the one with the camara thing he fail to complete. Also he was responsible for enrolling in a defensive driving class among two more required classes which again fail to enroll. he also fail to meet with his probation officer since he was mandated to meet with one. I believe he only met with the probation officer just once. And two weeks ago again he was involved in a car accident it and was not his fault but he was under the influence and was taken into police custody... Later released in the morning of the same day. With that being said, should I contact a lawyer to defend him on his next court day July 15. Or no matter what he's going to face jail time ?

Lucio Antonio Montes

Lucio Antonio Montes

Posted

Yes he will still need an attorney. With all those violations he is likely to do some time. It does not mean he will not need an attorney. If he was again charged for driving under the influence again he will definetly need representation. From the information you posted it is now a matter of how much time he will serve, not if. Call and consult a lical attorney. They will be able to give you a better idea of the courts temperament. Good luck.

Posted

Yes, he could quite possibly expect jail time if the judge were to apply statutes with strict interpretation. He should seek a consultation with a criminal defense attorney. I hate to say it, but if his attitude is that he thinks he can get away with anything, then maybe jail time will be the cold hard slap in the face that he needs.

This is only an Avvo answer. I am not getting paid to give this response and am basing this response only on the information provided to me in the above question.

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Posted

Thank you ! But he has been to court this past month for the 2nd time and the judge gave him a chance to revoke his probation but he had 5 to install a breathalyzer in his car the one with the camara thing he fail to complete. Also he was responsible for enrolling in a defensive driving class among two more required classes which again fail to enroll. he also fail to meet with his probation officer since he was mandated to meet with one. I believe he only met with the probation officer just once. And two weeks ago again he was involved in a car accident it and was not his fault but he was under the influence and was taken into police custody... Later released in the morning of the same day. With that being said, should I contact a lawyer to defend him on his next court day July 15. Or no matter what he's going to face jail time ?

John Arthur Daniels

John Arthur Daniels

Posted

Based upon the pattern of his behavior, I would say even a more lenient judge would sentence him to jail time. An attorney would certainly help as at the very least, damages could be mitigated. But why are YOU the one writing in and why would YOU be the one to contact a lawyer? He needs to take ownership of his own life. If he doesn't, he is the one who faces the consequences. Don't let yourself face them too when it is not your actions that led to them.

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