Texas criminal code, probation revocation

Asked almost 6 years ago - Cleburne, TX

My husband is going to a revocation of probation hearing November fourth for his third violation, which was a failure to ID in a different county where he went to jail the same night. He was put on for evading arrest, violated once for failing a drug test and then got 6 months more probation. He said his second violation was for admitting to smoking weed. His probation officer wrote a letter saying that she wanted him to be let go on the charge, because he's done with his probation. He participated in all the programs they wanted, and has been doing great ever since the last violation, passing hair tests and showing up to every meeting/program (the violation happened in March, but probation just found out about it, which means he lied by not telling them.) What would happen? What are the chances that the judge would let him go?

Attorney answers (2)

  1. Herman Martinez

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    Answered . I am assuming that your husband is on regular probation and not deferred adjudication. If your husband is on regular probation for evading arrest in a motor vehicle he is facing from 180 days to two years in a state jail. If he is on deferred adjudication his range of punishment is slightly different.

    It is difficult to predict what the judge would to him without reviewing his entire probation file. He is certainly able to be terminated without more punishment. Most importantly, this is not his first violation. Another factor is if the judge overruled the previous motions to revoke his probation or the DA dismissed the motions to revoke. Also, it was unclear to me if the failure to ID occured after he was done with his probation. Has your husband even been convicted of the failure to ID? If he has not been convicted of the failure to ID the state would have to prove the failure to ID by a preponerance of the evidence in his revocation hearing before the judge. It is unlikely that the DA would be inclined to do this if the failure to ID happened in another county that is a fair distance from the county he is on probation. These are just some of the issues in your husband's case.

    There are several other factors that come into play in a revocation hearing. Thus, you should hire an experienced criminal defense attorney that will explore all the options for your husband.

  2. Erick Masten Platten

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    Answered . Hello there,

    In Texas Probation Revocation Hearings, one can be revoke for either a new offense or a technical violation.
    A technical violation is where one violates a condition of probation like community service or testing positive for drugs.

    In the case you describe, it sounds as if the Court has bent over backwards and not violated this individual for many things he has done in violation of Texas Law and his conditions of probation. When the judge extended his probation for another six months that was a second chance the judge did not have to give.

    Knowing, that this individual has time and time again violated his conditions I would not be surprised if his probation is revoked.

    Fool me once shame on you, fool me twice shame on me.

    Sincerely,

    Erick Platten

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