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I am wondering what the repercussion of my son breaking probation will be. Charge originally in brazos cty and broke in travis

Austin, TX |

He is on probation for felony possession of marijuana - 1st offense - broke probation on Halloween for public intoxication and was let out with no bond next morning. He is student at A & M graduating next year.

Attorney Answers 5


  1. Brazos County can file a motion to revoke your son's probation if this new charge sticks. If this occurs the original judge can modify his probation or even sentence him to jail/prison time. 1st step is getting the public intoxication charge dismissed in Austin.

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  2. You need to get him a good attorney. He's on a felony probation, according to what you said. It'll be part of his probation conditions that he has to report the new arrest to his probation officer within X number of days. Whether or not his new charge is dismissed, they can still file to revoke him or ask him to go to alcohol treatment, etc. Although a dismissal would certainly help, it's not guarantee that there won't be repercussions. If he is on a deferred adjudication probation, he's facing a conviction even if the don't want to revoke him and send him to the state jail/prison.

    All of this applies if it was a misdemeanor probation, too, by the way. A felony probation for a college student would be odd, so I'm wondering if there is some misinformation.


  3. You need to hire a good criminal defense attorney ASAP. To defend the PI charge and hopefully get it dismissed and to defend a possible motion to revoke the probation due to a new arrest and use of alcohol. This is serious, get competent counsel.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..


  4. There is a wide range of possibilities here and everything depends on details. You and / or your son need to discuss this with an experienced criminal defense attorney asap.

    This answer is intended to be taken as general information and not as specific legal advice. You should always consult a qualified attorney and make him familiar with all the relevant facts in order to get proper legal advice. Every case is different, and they must be evaluated on a case-by-case basis. David N. Smith 812 W. 11th Street, Suite 201 Austin TX 78701 (512) 457-0100 defenseattorneysmith.com


  5. You need to contact a local attorney to handle the PI. There is a good possibility that you can get the PI dismissed which will ultimately help the his probation case if they even decide to file a motion to revoke or adjudicate.

    This answer is intended to be taken as general information and not as specific legal advice. You should always consult a qualified attorney and make him/her familiar with all the relevant facts in order to get proper legal advice.

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