My friend was arrested for criminal trespassing and was arrested when he went to see his probation officer. He was told that his ex-wife was the one to make the call but she have been out of state for a month. She said she would send a notarized letter to prove her where about if need. Can they revoke his probation just on a telephone call; when he did not do anything. He gets off probation on April 23,2011. He is scheduled to go to court on April 18 for the trespass charge. Will his probation be in violations if he pleas not guilty? Wouldn't the DA need some type of proof that he violated his probation? What can I do to help him on his behave?
Criminal Defense Attorney
Yes, the DA needs proof of the violation of Probation and they must prove their case even with a VOP. I suspect its something other than the ex-wife, but only time will tell that little fact.
I suggest he hire an attorney to handle the matter for him either way because, regardless of the fact that its late in his probationary period, he could still go to jail for some additional time if they truly violate him.
This answer is not intended to form an attorney/client relationship and any answers do not constitute direct legal advice and should not be followed unless and until you have spoken with an attorney of your choice.
Criminal Defense Attorney
If there is evidence that he trespassed (which simply means entered a property after notice was given that he could not enter or notice was given to leave), then his probation can be revoked. (You do not say what the probation is for but if it is deferred, which the majority of probations are, then he can be sentenced up to the maximum term regardless of how far along he is in the probation.) The burden of proving a probation violation is significantly lesser than proving the case itself. (In fact, they could dismiss the trespass charged and still use the charge to revoke his probation.) He will NOT be getting off his probation as long as there is a motion to revoke probation pending (which may not happen - the probation could just be allowed to expire - it will be up to the judge of the probation charge court.)
If the criminal trespass is set for trial, the ex-wife, if she is the witness, must appear in court. There is no trial by affidavit, letter, or even deposition in Texas criminal courts.
You can help him by hiring him a lawyer to represent him on the new charge & the potential MRP (motion to revoke probation.) You can help him get to court every time on time.
If he is on bond and a motion to revoke probation is filed, there will be another arrest or at least another bond to be posted. Be aware.
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.