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POCS deferred adjudication probation in williamson county & viloated by getting another misdemeanor shoplifting charge

Austin, TX |

My daughter has been on deferred adjudication probation (4 years) for POCS (3rd degree felony) for about 14 months and picked up a new misdemeanor charge for shoplifting. Williamson county filed a motion to revoke her probation and she now has a warrant out for her arrest. She refuses to turn herself in because she thinks that she will have to serve 10 years in prison. Is this true?

Attorney Answers 4


I can understand her fear but absconding will only make things worse when she is later arrested. She needs a good lawyer who practices in Williamson County as it is a tough venue. Her current charge carries the possibility of prison up to 10 years if she is adjudicated/revoked for violating the terms by being arrested and charged with a new offense. The judge will decide. Good luck.

My answer is for informational purposes.

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The most time she can serve if they max her out is 10 years. The longer she refuses to turn herself in (which means additional violations), the more time she will likely be confined. She needs to hire a lawyer and address the situation now - before it gets worse.

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Not necessarily. The longer she waits to turn herself in the worse it will get. If it's her first violation, there's at least a slim chance she could be reinstated. The people who get the max are those who have a heearing and lose or get charged with a subsequent felony. I practice in Williamson County, feel free to contact me through my website, , if you want more information.

This is intended as only general legal advice. Feel to visit my website, for my blog on crime and punishment in Texas You may also email me through my site.

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If her probation is revoked, the minimum sentence is two years in TDC, and the maximum sentence is ten years. However, the judge does not have to revoke her probation.

She needs a lawyer who will present all the favorable facts about her to the judge and make an argument for continued probation, or for a low sentence. Your daughter is not helping her case by refusing to turn herself in, because that is one of the facts that the judge will consider.

In this situation, most judges don't even ask the prosecutor for a recommendation, although some do. The decision is completely up to the judge, so she needs an attorney who can talk credibly to the judge, and she needs to get together any documentation that could be used to support a speech to the judge about the good things she has been doing. He will hear all the bad stuff from the Probation Department.

This answer is intended to be taken as general information and not as specific legal advice. You should always consult a qualified attorney and make him familiar with all the relevant facts in order to get proper legal advice. Every case is different, and they must be evaluated on a case-by-case basis. David N. Smith Austin, Texas (512) 457-0100

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