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Can a guy be in violation of probation prior to start of probation, because he committed a crime in Ga. before Texas court-date?

Austin, TX |

A court appointed Texas attorney representing my friend offered him probation in exchange for an admission of guilt in a case in Texas. The court date is not until next month but in the meantime, he got into a different kind of trouble in Georgia. I'm wondering if either of the 2 states can claim violation of probation even though the probation has not been decided by the Texas judge as of yet; in which case, he may be better off not entering the guilty plea in the Texas case. Can he instantly be guilty of probation violation the minute the plea is entered? I would guess it depends on when probation begins: from the time of the crime, or the time the judge gives the probation decision. Court in Ga. is pending as well. Your thoughts are much appreciated whether you are a Texas or Ga. atty!

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Attorney answers 4

Best Answer

No. Offenses that occur prior to being placed on probation cannot be used for a subsequent revocation. Offenses that occur prior to being placed on probation may affect the conditions of probation or even whether probation may be granted.
Austin Probation Lawyer

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Offenses that occur prior to being placed on probation are not a violation of probation.

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If you are on probation and then pick up a new charge, they can revoke your probation. If the new charge is still pending they will have to prove that case in the state that you were on probation in. If the new charge is a conviction then they will have to prove up the judgment. If you picked up the new charge before you were placed on probation then they can not use it to revoke your probation.

Answering this question does not create an attorney-client relationship. Legal advice has not been given. Also, this question and answer is posted on a public forum and therefore any attorney-privilege is waived.


Nope. It's impossible to violate your probation before starting your probation.