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My husband is on 10 yrs probation for 3 DWI's and missed a few appointments with his p.o. what will happen now?

Flower Mound, TX |

He also has a warrant for a littering ticket. They arrested him yesterday. What will happen to him now? He just got out end of last yr.

Attorney Answers 4


If he's released from jail, he should reengage his P.O. It's never a good idea to miss appointments with your P.O...however sometimes it happens. Avoiding or fleeing from your P.O. entirely is just going to make it worse.

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His probation officer will file a motion to revoke with the court and include all alleged known violations. A warrant will issue, and he will have a hearing so the judge determines to revoke his probation and send him to prison or keep him on probation. He will need an attorney to represent him in the revocation proceeding. The littering ticket is a minor concern when weighed against failing to report on several occasions. 10 years probation for 3 DWIs is a serious matter, and if his probation is not revoked, he should comply with all conditions of probation going forward. Good luck.

My answer is for informational purposes.

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If he missed his appointments with his probation officer because he was in custody, in a hospital, etc. - his failure to appear at the appointment was completely out of his control & he can document it - then he may have a chance. Otherwise, he can expect to get a motion to revoke his probation filed. Felony DWI is serious business and reporting is one of the minimum requirements. They want to keep up with probationers. He should start looking for a lawyer now. IF he gets the opportunity to remain on probation, then he needs to understand this is not "report if it is convenient", "report if you feel like it", etc. He is to follow all of the conditions exactly. His break was getting the probation in the first place.

Although I have answered the question to try to help you, you should consult with a lawyer in your area in person on the matter. In addition, my answer does not establish an attorney-client relationship between us.

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I agree with the above answers. You should find out if he is on deferred or straight probation. He may be entitled to a bond. If he gets out he should start working on completing as much of the outstanding pieces of his probation as possible (be ready to turn in community service and proof of attendance at classes). You should find a lawyer who knows the judge he is in front of as experience in front of that judge will be the most predictive. Good luck.

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