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I'm on my 3rd MTR 4 delq pymts. How can I prevent them for revoking my probation or having 2do time since I'm a single mom w/job

Fort Worth, TX |

I hv been on a 4yr pro since 06 for Poss Cs Pg 1 <1G. 2yrs ago they filed a MTR because I was behind on my pymts since I had been laid off &not receiving any Child Support. They reinstated me but gave me 30days jail &extended me 2yrs. I was making pymts(behind total sum) reporting & doing my Comm Srv. Once AGAIN 1yr later they filed a 2nd MTR 4 the same reason. This time I got 90days jail& extended 2yrs. So now I've been serving 8yrs on 4yr! In 7/12 they said that I failed a UA(1st one ever)but didn't have lab conf. PO & DA filed 3rd MTR I've been reporting wkly w/UA's(all clean) since then. They offered15mo State jail or 6-8mo SAFEP!? I have a good job&single w/2small kids. I hv no one to keep or even help w/them & NO contact w/father. How can I get them 2not lock me up&lose everything?

Attorney Answers 3


  1. You are in a very serious situation. You need to hire a defense attorney to handle this for you. If you got to SAFP, you will be in custody for about a year. You have to wait in custody for several weeks for a bed to be available. Then it's a six to nine month program with three months in a halfway house. If this is a state jail felony, you might be better off seeing if you can get a 12.44(a) with time served. This means taking a conviction but keeping you out. A 12.44(a) sentences you to state jail but allows you to do county time instead of actually going to the state jail. It sounds like you have at least 120 days backtime, so this may be possible. Inability to pay is an absolute defense to a violation that is only alleging fees. You have got to hire an attorney to handle this.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at www.macyjaggers.com for more information about her services and recent victories.


  2. I am surprised you got jail time just for falling behind on payments, which is not a valid reason to do what they did to you. You really need to hire a good lawyer.


  3. If your only issue is fees then you can't be revoked for failure to pay. If you have other issues your attorney needs to work on trying to get your story before he judge.
    www.austincriminaldefenseattorney.com
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    My answers are intended only as general legal advice and are not intended to create an attorney-client relationship. There is no substitute for a full consultation with a local experienced criminal defense attorney. For more answers based on my 19 years of experience visit my website, www.austincriminaldefenseattorney.com

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