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How long can you be held in jail for a probation violation in Texarkana, Texas?

Texarkana, TX |

The probation violation happened five years ago an you are no longer on probation

Attorney Answers 3


If you are being held on a probation violation, you are still on probation. Even if your probation was scheduled to expire before now, once the violation was filed you can not be discharged until the violation is disposed of. So you will be in jail as long as that takes. If you cannot reach an agreement with the State, you are entitled to a revocation hearing. If the process seems to be dragging on, your attorney can file a motion for a speedy revocation hearing. But this decision should be made carefully. It can backfire on you.

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The law is not something different just because the case is in Texarkana, Tx. Regular Texas law applies. For a regular probation rather than a deferred adjudication, the judge is not required to grant bond. A person can be held until their case is disposed of by the court. That's true even if the probation has expired assuming the motion to revoke and a warrant for arrest were in place before the probation expired. Best idea is to consult a reputable criminal defense lawyer who may, depending on the charge and the circumstances, be able to get mercy from the prosecutor and/or the judge based on the delay.

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Essentially... as long as the court wants. However there are some limitations. Under Texas Code of Crim. Pro. Art. 42.12 Section 20 once a Motion to Revoke has been filed, a defendant can file a motion for a hearing within 20 days and if a hearing can not be held within 20 days, the court is supposed to set a bond. The issue is the bond may not be affordable, which would require more judicial interaction to get a reasonable or affordable bond. Usually by then, the hearing will have been set and the matter disposed. I have filed Pre-trial Motions for Writs of Habeaus Corpus to have a bond set and received a prompt setting of a hearing for a recently filed the Motion to Revoke where the State had not yet filed a Motion to Revoke. There are some circumstances where this is risky. Others where such action is warranted. In any event, you should not be held any more than the maximum sentence you could receive including all your back-time credit you are entitled.

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