Does a Class C Misdemeanor Violate Parole in Texas

[can'tbeliveit]

My Boyfriend was in a car with his friend Saturday and his friend got a DWI. They gave my boyfriend a sobriety check and let him drive home. But gave him a ticket for an open container for an empty bottle under the seat(which was not his as his friend and he explains it to me) . So, Class C mis. citation. He is on parole for prescription fraud. He is obviously violating by being around alcohol. I spoke to a parole attorney who told me that they may not even find out about it and if they did it may not be something they issue a blue warrant for. They may just up his parole visits and level of supervision. He advised me to hire an attorney to dismiss the open container (which he didn't do)and to hope they do not run a check. He put me on the phone with his paralegal and she said she used to be a parole officer and they did not run checks at every visit just if something came up such as an arrest. Is this true? Should we just get it dismissed and hope for the best? Do they not check as this lawyer told me?He has less than two years left to do on a 4 and the thought of him returning is devestating as I'm sure it is to anyone. He doesn't drink and really just put himself into a bad situation Sat. I can attest he works 60+ hours a week and any free time is spent with me and the kids. Stupid choice and bad luck! Any help would be greatly appreciated and not sure what type of attorney to hire yet since there is no revocation yet. And a misdemeanor attorney doesn't know too much about parole.

[Baystategirl]

My Boyfriend was in a car with his friend Saturday and his friend got a DWI. They gave my boyfriend a sobriety check and let him drive home. But gave him a ticket for an open container for an empty bottle under the seat(which was not his as his friend and he explains it to me) . So, Class C mis. citation. He is on parole for prescription fraud. He is obviously violating by being around alcohol. I spoke to a parole attorney who told me that they may not even find out about it and if they did it may not be something they issue a blue warrant for. They may just up his parole visits and level of supervision. He advised me to hire an attorney to dismiss the open container (which he didn't do)and to hope they do not run a check. He put me on the phone with his paralegal and she said she used to be a parole officer and they did not run checks at every visit just if something came up such as an arrest. Is this true? Should we just get it dismissed and hope for the best? Do they not check as this lawyer told me?He has less than two years left to do on a 4 and the thought of him returning is devestating as I'm sure it is to anyone. He doesn't drink and really just put himself into a bad situation Sat. I can attest he works 60+ hours a week and any free time is spent with me and the kids. Stupid choice and bad luck! Any help would be greatly appreciated and not sure what type of attorney to hire yet since there is no revocation yet. And a misdemeanor attorney doesn't know too much about parole.

I would hazard a guess that your bf has, as a condition of his parole, an order to report all contact with law enforcement ...Am I right?

[can'tbeliveit]

I believe so. But as I said if we don't say anything it may fall through? If he does it's assured he will be in some sort of trouble. If he knew it was something other than prison again I know he would be upfront but these days I hear they can be pretty unreasonable leading me to take this last lawyers advice. I'm really looking for a second, maybe even a third oppinion because we don't want to make things worse . But as I see it how can it be worse than him going back to prison? Is it a no win?

[Baystategirl]

I believe so. But as I said if we don't say anything it may fall through? If he does it's assured he will be in some sort of trouble. If he knew it was something other than prison again I know he would be upfront but these days I hear they can be pretty unreasonable leading me to take this last lawyers advice. I'm really looking for a second, maybe even a third oppinion because we don't want to make things worse . But as I see it how can it be worse than him going back to prison? Is it a no win?

IMO He needs a new lawyer...He is REQUIRED as a condition of his probation to report run-ins with the PO and his atty is telling him to try and "get away" with it?? Very bad attorney!!!

[can'tbeliveit]

Well then we are in trouble because this attorney is the highest reffered to in the state of Texas for parole attorneys. I won't say who this attorney is due to I believe it innappropriate to do so on this sight after I just disposed of what he reccomened. So I don't know of any better as his name is well known. Are you a laywer? because if you are I'm worried because I have one excellent laywer(as told by may) telling me one thing and someone else saying another now I'm more confused than anything. You haven't mentioned why you think it wise to say something. I really appreciate your time and responses.

[aaron]

If you came here to have people tell you, "Your attorney is 100% correct", and intend to argue with anybody who differs from what your attorney has told you, there's not much point to asking a question.

[can'tbeliveit]

It's not what intended, thank you for your time. Just torn is all. I appologize for comming off unnapreciative.

[Baystategirl]

It's not what intended, thank you for your time. Just torn is all. I appologize for comming off unnapreciative.

I am not an attorney...Just a layman that has learned enough and has enough common sence to realize an attorney that is telling you to violate your parole/probation by NOT reporting a run-in with law enforcement is not giving you good legal advice.
Seek the advice of another Criminal Defense Attorney and see what s/he says....