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Husband violated prob. for 1st degree Burglary of Habitat Best case scenario and best way to get there?Other possible outcomes?

San Angelo, TX |

He is 27. This started 8 yrs ago when he stole an $80 camera from a dorm in San Angelo State. According to the charges it's 1st degree,occupied dwelling,non~accomplice present. After a long ordeal he was able to get a 6 year probation period. He never acquired new charges, he did great on probation until the last four months when we were jobless, unstable, and could not afford to eat sometimes much less pay probation fees. Those are all tech. Violations. Two weeks ago he found a great job, unfortunately it was in Minnesota but that was at the time the best opportunity until he was with his friend who was pulled over and they ran my bf`s id and arrested him. He has a year of time served and a definite 6 weeks accumulating now, what are possible outcomes and the best way to get out of this?

Attorney Answers 5

  1. The best way to get this resolved with the best results possible is to hire one of the best Criminal Defense lawyers in San Angelo to represent your husband. You stated that he was arrested when he was pulled over with a friend. You did not state why he was arrested (new law violation or technical violations). If it is a new law violation, this will weigh heavily the decision to continue him on probation. An attoney on this site could tell you options, speculate as to what might happen in different scenarios, and tell you what the law is; But without knowing the charge (if there is a new one) and reviewing the evidence against your husband, a proper legal opinion could not be formed. You need to start researching attorneys in your area if he does not already have an lawyer.

    The information provided is not advice but a legal perspective and you should schedule a consultation with the lawyer of your choice.

  2. This is too complex and there are too many details missing to give a good answer in this forum. He needs to hire an attorney.

    Any answers posted to questions posed as hypothetical or with specific fact, do not create an attorney-client relationship.

  3. He needs to hire an excellent criminal defense attorney.

    The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice. Mr. Leroi answers questions on Avvo because he strongly believes in public service from his years as a judge, magistrate, and prosecutor. If you need to ask any follow up questions because my answer did not fully address your question, feel free to call Chris or post an additional question. Thank you.

  4. Every probation revocation case is different, and how such cases are handled can be very different from court to court and county to county.

    However, much of practice and experience is in San Angelo, first as an assistant DA, and for the past 14 years in private practice here.

    In San Angelo, the details of the case have a big impact on what happens when there is a probation revocation motion filed by the state. I have seen folks with many violations - even running out of state for months and months - end up not going to prison. But, if the violation is bad enough, the first time there's a motion to revoke it can end up the other way.

    That's why a felony probationer facing possible revocation needs a capable and experienced criminal defense lawyer, preferably one with experience with the judges and the prosecutors where the case is pending.

    It sounds like your husband was doing well and then messed up but not by doing another crime. Not doing another crime is a big plus when a defense lawyer goes to speak with a prosecutor. However, as with nearly all cases that come up on avvo, a full case evaluation would be needed before I could give advice specific to your husband's case.

    Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.

  5. A person cannot be revoked for being too poor to pay fees, fines, or costs. A person can be revoked for leaving the jurisdiction without permission. A lawyer may be able to explain your husband's circumstances and get his probation further extended (just what you wanted to hear, I know, but it's better than prison). He may also be able to serve a period of jail therapy or conditions could be added that address his violation.

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