If some one is given SAFP for violation of felony probation is there any way to go about changing that verdict?

Asked almost 2 years ago - Corsicana, TX

There is an inmate in the Navarro County Jail that had his probation revoked simply because he had not reported and had not paid any money! His probation officer claimed he also had failed U.A's however i was told that was untrue....that he simply did not show up for U.A's and the probation officer was seeing those as failed U.A's! Before being taken to jail for revoking probation he was looking at another charge from the previous year for burglary of a building, last year the case was dropped for lack of evidence when they decided to pick the case back up this year!! Other than that he has done nothing wrong yet is being sentenced to SAFP.....what can i do to change the judges mind??

Attorney answers (2)

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    Lawyers agree

    Answered . Refusing to take a UA is the same as a failure. The court has to assume this since the probationer left them with no choice. Refusing to take UAs is a probation violation as is failing to make the required payments. Failing to report is the biggest probation violation there is. I cannot understand why you think this defendant did nothing wrong. It sounds to me like he did everything wrong.

    You can hire another attorney to file a motion to amend the conditions of community supervision. He may or may not be successful, but he will be entitled to a hearing on his motion. That's your only option.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more
  2. Answered . Ms. Jaggers' comments are correct. When I served in the DA's office some years ago, I spent some time prosecuting MTR's. One of the hot button issues for us was failure to report. And, in the many years since I left the office, things have not changed as far as that goes.

    Without a complete review of the case, I would not want to guess about why the new charge was revived.

    May I suggest that the defendant needs to consult a reputable criminal defense lawyer about the specifics of his case?

    Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No... more

Related Topics

Criminal defense

Criminal law establishes the classifications of crimes, how guilt or innocence is determined, and the types of punishment or rehabilitation that may be imposed.

Felony crime

A felony is a crime that is punishable by more than one year in prison. Certain especially severe felonies may be punishable by the death sentence.

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