My brother is at the moment detained for violating his deferred probation, Can he get reinstated?

Asked almost 4 years ago - Round Rock, TX

My brother was detained violating his deferred probation. the family and I were really worried & astonished because my brother was doing so well with his p.o., I mean he followed his rules, checked up to date with p.o. missed a few pymnts but caught up, has never done drug, didn't even want to go out just to be in good terms. (BTW he is in deferred probation because this is first offense. The charge was fraud which is STATE JAIL FELONY).. Once he was booked we had found out that his bond was set at 100,000 dollars ..CAN YOU BELIEVE THAT!! We later found out that his violation was ASSAULT-BODILY INJURY/FAMILY VIOLENCE.. so they re-opened his case for motion to adjudicate..now his EX girlfriend was the one who filed but now she wants to come up front & say she lied and exaggerated the story.

Additional information

So then she came over my parents house apologizing for exaggerating the story to the cops and that it was just an argument that lead to him screaming at her and storming out which apparently made her mad. so now I'm guessing she wants to file an affidavit of non prosecution to be "dropped" or lowered.. :( Is there anyway that my brother can get back to be reinstated to deferred.. we asked some attorneys and even they think the bond is outrageous .. they think the judge increased it so high is because he wants to keep him in jail.. will they revoke his probation? Or have they? Since he is already arrested :( God please help. This is Williamson County btw

Attorney answers (2)

  1. Philip David Ray

    Contributor Level 10

    1

    Best Answer
    chosen by asker

    Answered . Ms Henley's answers are correct. I also think you need an attorney right away.

    I would add as I've said to other posters today, that you need a local attorney. If the prosecutor is persuaded that the allegations of the Report of Violation filed by the probation officer are exaggerated, that can have a significant impact on your case. You want someone that will coordinate conversations between the misdemeanor prosecutor from the County Attorney's office and the felony prosecutor from the District Attorney's office. The felony prosecutor won't want to waste the court's time with an allegation that is overblown or fabricated.

    Williamson County prosecutors are very tough, but they are also fair. There are at least three or four former prosecutors from those offices available in Georgetown and Round Rock. You'll know who they are because they are almost all Board Certified in Criminal Law.

    Good luck.

  2. Cynthia Russell Henley

    Contributor Level 20

    Answered . As you are apparently aware, Williamson County is a . . . tough county to be in to say the least. He can be reinstated but the question is will he be. That is completely up to the judge - whether he is convicted or the case dismissed does not matter. The burden of proof on a violation is preponderance of the evidence. So, the judge can find he violated and alter his conditions or revoke him or do nothing or make no finding and simply place him back on his deferred.

    It is all nice and good that the girl now wants to file an affidavit of non-prosecution but that does not necessarily mean anything. The State may proceed without her cooperation - using her statements to police (possibly regardless of the hearsay rule) and / or the call to 911.

    Hire a good lawyer & listen to that lawyer.

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