Do u normally get your felony probation revoked if u catch a misdemeanor dwi

Asked about 3 years ago - Dallas, TX

I have two retaliation charges and an assualt charge that I'm on probation for for ten years

Attorney answers (4)

  1. Charles Elwood Soechting Jr.

    Contributor Level 17

    Answered . It is very very possible. Many times, when dealing with probation and revocations, a minor "technical" violation (like failing to report or being behind on fees) won't get you revoked but an offense like DWI is serious and the courts treat it as such.
    Much of your revocation issue will deal with how well you've done on your probation thus far, the court you're in and the facts surrounding the DWI and your priors. You don't have to be convicted of the DWI to support revocation either.
    You need an attorney for both the DWI and the felony revocation that is surely to come down the system soon. I practice in Dallas and handle revocation issues and DWI cases so feel free to call me if you have any questions.

    Although my intent in answering this question is to aid you in the legal process, my answer does not establish an... more
  2. Joshua Zientek

    Contributor Level 11

    Answered . I agree with the first answer. Many times probation will not be revoked as a result of technical violations but will simply be amended. It can be revoked for any violation, however, and what will happen is dependent upon many factors, such as the prosecutor, the judge, your probation officer, hiring a good lawyer, and many others. You need a lawyer to help you defend the DWI if that is your only violation of probation because the result of the DWI will greatly impact the outcome of the possible revocation. You also failed to indicate if it is deferred adjudication or "straight" probation. Depending on the type of probation, your outcome could change drastically as well as the risks. I hope this helps and wish you the best of luck.

  3. Mark Anthony Correro

    Contributor Level 9

    Answered . Generally, the probation office will file a motion to revoke your probation for this because it's a new law violation. You'll have to hire an attorney to defend you on the new dwi and the probation revocation.

    The information contained in this answer is for general guidance on matters of interest only. Accordingly, this... more
  4. John M. Gioffredi

    Contributor Level 12

    Answered . You are on felony probation for assault and retaliation, and you have since been arrested for a misdemeanor DWI. And now you want to know if your probation will be revoked.***

    1) A motion to revoke your probation will almost certainly be filed
    2) If so, warrants (one for each case) will be issued
    3) If the DA can prove that you violated your probation, the judge can do anything allowed by law, including keeping you on probation or sending you to the pen for several years
    4) Everything depends on the judge, and the facts and circumstances of your case
    5) Only a judge can revoke your probation. Probation officers and prosecutors can only prepare and file motions requesting a judge to do so.***

    Without knowing everything about you and your case, a lawyer can only answer in general terms, at best. Having stated all of that, generally speaking, most Dallas judges will not revoke a felony probation for a simple, misdemeanor DWI. Most of them want to give you every chance to succeed on probation.***

    You may wish to hire an attorney now in anticipation of the warrants being issued. I'd also advise calling your probation officer, telling him or her about your arrest (they'll find out anyway), and asking them if they will call you when the warrants are issued so that you can turn yourself in. If you can't avoid being arrested, at least you can have some control over when and where it happens. It also shows a certain maturity on your part, which may have some effect (probably not much, but potentially some) on the judge's final decision.***

    Best of luck to you, sir!

    This answer is for general purposes only, and is no subsitute for specific legal advice that would come from an... more

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