Refusing to take a UA is the same as a failure. The court has to assume this since the probationer left them with no choice. Refusing to take UAs is a probation violation as is failing to make the required payments. Failing to report is the biggest probation violation there is. I cannot understand why you think this defendant did nothing wrong. It sounds to me like he did everything wrong.
You can hire another attorney to file a motion to amend the conditions of community supervision. He may or may not be successful, but he will be entitled to a hearing on his motion. That's your only option.
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Ms. Jaggers' comments are correct. When I served in the DA's office some years ago, I spent some time prosecuting MTR's. One of the hot button issues for us was failure to report. And, in the many years since I left the office, things have not changed as far as that goes.
Without a complete review of the case, I would not want to guess about why the new charge was revived.
May I suggest that the defendant needs to consult a reputable criminal defense lawyer about the specifics of his case?
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