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On probation and arrested again

Austin, TX |
Filed under: Criminal defense

if on probation in one county get arrested in another county but they let you out of jail and dont know about your probation. are they going to find out when it goes to the DA?

Attorney Answers 4


Yes, eventually both counties will figure it out. On the new offense, when the DA's office is putting together your file, they'll run your criminal history so the prosecutor can decide what to offer you and perhaps whether the charges can be enhanced based on priors. Your probation officer should also be running periodic checks to see if you've been arrested for anything new. Depending on the level of initiative shown by each side, the discovery coil be pretty quick--when I was a grand jury prosecutor and noticed when reviewing a new case that someone was on probation in another county, I'd often call the probation officer to make sure they knew about the arrest. Sometimes they did, and sometimes not. And sometimes I'd get calls from them, asking how our case was coming along or fir a copy of an indictment. It's very, very unlikely that your probation officer's not going to find out about the new case, unless you're in the last couple of weeks of your probation term or something, in which case, you never know--they might not run a final check on you, and they would have to file a Motiin to revoke your probation before the probation term's over to be able to do it at all, so I guess late enough in the game, that might theoretically be possible, but again, it's very unlikely.

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You can - and should - count on it.

You should also expect that a motion to revoke probation will be filed in the county in which you are on probation. In addition to the new offense itself, failing to report your recent arrest to your PO is an independent violation that can trigger a motion to revoke -- and it is a violation that is easy for the State to prove. While you are out on bond for the recent offense, hire an attorney - don't wait until you are arrested on the motion to revoke.

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I agree with the attorneys who responded. Your conditions of probation require that you disclose the new arrest on your monthly report to your probation officer; he/she will find out regardless as they get weekly reports of new arrests for their caseloads. You will need an attorney. Good luck.

My answer is for informational purposes.

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They will run a criminal history. Your probation officer will generally find out. If one of your cases is in Travis County, feel free to contact me through my website with more details.

For general information on criminal questions, you can visit my website, . Answers posted here are intended for only general information and are not a substitute for consulting with a lawyer in your area.

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