My husband was convicted of a felony 1 in texas back in 2010. Either later the same year or the year after, I forget, he filed and had his probation moved home to Arkansas, but ended up catching a robbery charge. It wasnt a true robbery. He was in a grocery store, had a ptsd attack, (Iraqi Veteran) and walked out of the store holding a can of ravioli. The clerk thought he was stealing and grabbed him. This caused husband to panic and fight back. Instead of fighting assault, he took a deal to do 3 years probation in Arkansas and it was labeled robbery, which is a class b felony in arkansas. We believe texas knew this because he went back to Texas and did some time and then Arkansas extradited him for the robbery charge.
Fast forward to 2017, he is now arrested and being sent to texas over the charges from 2010. They say he caught the charge and hasn't reported from 2013 to 2016. He hasn't reported to texas because he is here reporting to Arkansas and we can prove it. We have a paper where the judge states supervision is transferred to AR, so why would he report to TX?
Do we think there's a chance his attorney can get him reinstated? Why would they wait this long to revoke?
If the transfer of probation supervision on the Texas case to Arkansas was approved and this is a clerical error, he should be reinstated. Retain an attorney in the county where the revocation is pending and review the allegations in the motion to see what can be done. Good luck.
There is always a chance. His attorney will just have to work with the Court to sort out the paper trail. My biggest concern is that you are saying he was brought back to Texas and did some time after originally picking up that robbery charge. If he is still on probation, he was not revoked. But it is likely that his probation was modified. It sounds like that, when that modification occurred, his transfer to Arkansas no longer existed. So although he was reporting in Arkansas, it was not on the Texas case. The outcome of this revocation will depend largely on which court he is in. Our Dallas judges vary greatly.
As to why they would wait this long to revoke him, I have no idea. Again, this is just something his attorney will have to sort out. As long as he is in custody, he will have a court-appointed attorney. Of course, you are also free to hire him one.
Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Please consult an attorney who practices criminal law in your jurisdiction for the most accurate legal advice.
Of course there is a chance his attorney can get him reinstated and best of all, help sort out this confused mess. A copy of the motion to revoke would be helpful in understanding why they're bringing him back to Texas. Talk to your lawyer or hire one in Dallas County, if his probation is out of Dallas County. Best of Luck!
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Yes there is a chance consult a criminal Defense Attorney.
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