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  1. #1
    Join Date
    Jan 2011
    Posts
    2

    Default Trying to Get Reinstatement or Dismissal After a Probation Violation

    My question involves criminal law for the state of: Texas
    In Late 2005, I plead guilty to Burglary of a Building, and was placed on a three year porbation sentence, in conjunction with Deferred adjudication. In mid to late 2006, My Probation officer stopped answering my calls. I had not missed any check ins or failed a UA, though I was jobless at the time and had difficulty paying my fines.
    I called incessantly, which can be viewed through either my, or their phone records, and later found out he had retired. By that time, however, A warrant had been issued for my failure to report in. I put these things aside at the time and continued my life as normal, as I was young, and very headstrong.
    My question is: Since I am going to be handling this soon, one way or another, would it be better to turn myself in, sit out the jail time for the VOP, and get it re-instated, or to push for a dismissal? This case is almost 6 and a half years old... I've not been arrested once since that time (Though I do have an outstanding traffic ticket for no seatbelt ^_^) So my behavior speaks for itself. I'm in college studying C++, gainfully employed, and all that jazz. Any ideas?
    Advice is much appreciated.
    And, my apologies if this seems jumbled. It's hard to even remember a lot of this stuff... it's been so long

  2. #2
    Join Date
    Sep 2005
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    75,463

    Default Re: Trying to Get Reinstatement or Dismissal After a Probation Violation

    So you were on probation, had financial trouble but had made it to all of your meetings with your probation officer, called your probation officer and left messages, and when you didn't hear back decided that meant you no longer had to go to your scheduled appointments?

    If it were me, I would hire a lawyer to talk to the probation department and prosecutor about your case to try to work out a deal and see what type of punishment they're likely to recommend.

  3. #3
    Join Date
    Jan 2011
    Posts
    2

    Default Re: Trying to Get Reinstatement or Dismissal After a Probation Violation

    To simplify it, yes. I was hellbent on not going to jail over something beyond my control at the time, and had severe phobias in relation to it.
    Though, the fact that I attempted to contact him, and he gave me no notice of his leaving, nor told anyone ELSE to notify me, NOR did I have a date set for a check-in, as he had reset my check-in date due to my being spoken for that day...... might have something to do with me not checking in. I figured I'd wait on him to let me know what was happening.
    Thank you for the advice, I was currently in the process of saving for a lawyer anyways.. I just figured I'd get some input.
    I know I'm more than likely going to be stuck with a VOP, which is a 2 month minimum sentence, but was unsure if that would still hold true (Or be lengthened) due to the nature of the case.
    This was my first and only offense...(Aside from a ...Traffic Violation? If that's what a Seat belt ticket would be.) So I'm hoping they will go easy on me..
    Don't want to lose my job/apartment
    Though, would anyone be willing to offer a bit more detailed input? "Hire a Lawyer" is a very general statement.
    =

  4. #4
    Join Date
    Jan 2011
    Posts
    4

    Default Re: Trying to Get Reinstatement or Dismissal After a Probation Violation

    the time is now!!!! don't wait until you save up for the lawyer!!!! Find a way to get enough money at least to retain counsel from him. You really need to have him or even you contact the DA's office and plea what ever it is you're (wishfully wanting as punishment) before you go to your court date. Usually, you can't really trust your attorney will do all the leg work outside the court room. Hire someone and push and push and push!!! Don't let him throw you on the back burner! It's going to be harder to deal him the Prosecutor at the last minute! Also plea with your PO, their opinion of you will be considered against you. Good luck buddy...I don't JUDGE and believe we all can change for better! .........I wish someone had the nuts to tell me the truth before I blindly went into my similar hassle! just a sour guys opinion!

  5. #5
    Join Date
    Nov 2007
    Posts
    1,299

    Default Re: Trying to Get Reinstatement or Dismissal After a Probation Violation

    Quote Quoting eddiejz
    View Post
    the time is now!!!! don't wait until you save up for the lawyer!!!! Find a way to get enough money at least to retain counsel from him. You really need to have him or even you contact the DA's office and plea what ever it is you're (wishfully wanting as punishment) before you go to your court date. Usually, you can't really trust your attorney will do all the leg work outside the court room. Hire someone and push and push and push!!! Don't let him throw you on the back burner! It's going to be harder to deal him the Prosecutor at the last minute! Also plea with your PO, their opinion of you will be considered against you. Good luck buddy...I don't JUDGE and believe we all can change for better! .........I wish someone had the nuts to tell me the truth before I blindly went into my similar hassle! just a sour guys opinion!
    find a lawyer asap. It looks bad that you didn't show to probation,that's a big no no. It can be even worse then have a new charge. I have seen an experinced lawyer arragne a lot better outcome then a pd. It can be a crap shoot.

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