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Probation violation for alcohol use

Houston, TX |

I am 3 yrs into a 10 yr probation for theft. I obviously have a high restituion I am struggling to pay but otherwise everything has been going ok. On my last visit I failed the UA for alcohol use and I am scared to death. I dont know what to expect or what I need to do now. Any advise is really appreciated. Thank you

Attorney Answers 4


  1. Your greatest enemy in this situation is the fear of what is going to happen. You need to make sure that you do not give the probation officer more than one reason to revoke your probation. Continue to make your appointments and make your payments. Many times I meet with clients who tell me "my probation officer told me not to worry about that," and then they are surprised when the warrant comes down for their arrest and the violation includes what they were told not to worry about. Hiring a lawyer might get you out of answering potentially incremenating questions, and take some of the fear out of the process. Good luck.


  2. You know that you are risking getting your probation revoke by drinking do the first thing you need to do is get serious about the probation and quit doing the things you are not supposed to do. If you are stressed, then you may need to get psychological help because it IS stressful to be on probation (contrary to what people say - just doing what you are supposed to do.)

    You need to make sure that from here on out you comply with every term of probation to the letter. If the probation officer does not send your file to court, they will "save" this violation to pile up with future violations, if any, to try to get your revoked. REmember that your revocation means one less probationer on their list of people to supervise.

    What will happen to you, sadly, depends in VERY great part on whose court you are in. We have 22 felony courts in Houston & some are far more understanding while some do not care what the violation is, they are looking to put people in prison. It is just how it is.

    You do not need a lawyer unless they send your file to court and a warrant issues.

    As my dad would say, smarten up.


  3. As already mentioned, it really depends on which District Court your probation is out of. Much of what will happen depends on that judge. The next step is to hire a competent criminal defense attorney to represent you in the matter. There is too much at stake.


  4. You do not mention which Judge is "hosting" your probation; However, I would consider this a wake-up call and would proceed as if you might get revoked. In most cases, I do not think that this one time violation would lead to a revocation; However, each case is different. As to your struggling to pay restitution, at least pay as much as you can...even if it is a small amount. Showing good faith will go a long way with the Court as well as your probation officer. Whatever you do, do not qquit making some type of payment.