Can You Be Placed on Straight Probation if You Violate a Deferral, to Avoid Jail Time
My question involves criminal law for the state of: texas
i was put on two years defferred probation for deadly conduct it was my first offense. i was violated for an assault charge the alleged victim has signed an affidavit of no prosecution, agreed to testify on my behalf and willingly addmitted in front of a credible witness that the accusations were only made out of anger and due to a mental illness. i do not know if this is enough to get the violation dismissed. if it is not dismissed is there any way that they can roll me to straight probation to avoid jail time? is it likely that they would send me to jail for my first violation and my first offense? im freaking out!
Re: Can You Be Placed on Straight Probation if You Violate a Deferral, to Avoid Jail
A petition to revoke probation is just a petition. It is based off information that was solid and in good faith, was presented to the court because it is believed that you have violated provision within your court order. However, if certain instances have changed in your favor, information will support that. If your only basis for violation centered around the new arrest and that only, chances are that the violation will be denied. If you have more issues that will be included with the new arrest, you may have something to worry about. Then yes, the court can switch your proabation among other things.