I have been on probation for a year.I relapsed a few months ago and drank.I have not drank since then.I go to AA meetings and do my community service and report everytime I'm supposed to.I went to jail last week for motion to revoke probation.I didn't have a bond.My lawyer filed a motion for bail and I was granted a 5,000 bond.My hearing is in 8 weeks.Do you think I will be reinstated or what will happen?I really don't want to go to prison for 5 years.I am getting caught up on my payments also.Any help will be very much appreciated.
I do not practice in your state or know the judge, however, I tell all my clients there is always hope but no guarantees. The best person to answer your question is your lawyer. He knows more about your case than anyone on the internet.
If you case is in Athens, then your judge should be Judge Moore in the 173rd Judicial District Court. Get your community service finished if you have not completed it, get completely caught up on fines and probation fees and have proof of AA meetings. If you have access to a alcohol rehab clinic, sign up for a treatment program. Stay employed or get a job if you are not employed. This way you will make it easier for your attorney to argue why you should not go to prison. If you are behind on your child support try to get current or show that have been making up back payments. Don't leave anything to chance. Show up in court well dressed and clean. Continue to meet with your probation officer if he or she will meet with you. MOST IMPORTANT is consult with your attorney, that is why you hired him or her. Heor she should know your judge and what to expect.
The answers already given are very good answers. You really haven't specified why there is a motion to revoke your probation. Is it merely for consuming alcohol? If so, how did they find out? Interlock violations?
The most important thing in a probation revocation hearing is knowing the judge. If you know how the judge has ruled in similar cases in the past, you should pretty much know what to expect in your very near future.
If the violation is ONLY for consuming alcohol once (and not driving), pen time would seem pretty harsh. But small town east Texas judges can be pretty harsh.
As I tell all of my clients: If you are on probation, and the prosecution can prove that you have violated your probation, you don't have any legal defense. The judge can do anything that he or she wants, as long as it is within the range of punishment set by law. All that you (or your lawyer) can do is 1) beg, and 2) promise that it won't happen again. Neither is much of a defense.
Go to your judge's court several days in advance of trial, and watch everything that goes on for a day or two. Or maybe three. Or get your wife or a good friend to do it for you. Watch for a defense attorney who seems to get along extremely well with your judge. Hire him or her and hope for the best.
Good luck to you, my friend.
This answer is for general purposes only, and is no subsitute for specific legal advice that would come from an attorney hired by you, having full knowledge regarding the facts and circumstances of your individual situation. This correspondence does not create an attorney-client relationship, and you should consult with one or more attorneys prior to acting on any of the information provided in this response.
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