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    Default In Custody for VOP, Being Transferred Instead of Released for a Traffic Warrant

    My question involves criminal law for the state of: Texas.

    My boyfriend is on probation until next year for counts of burglary of habitation and forgery. Original sentencing was 2 to 18 years, he served about two and a half. He violated his probation by not reporting last month and now has to report every week and has agreed to new probation terms. He had traffic warrants out but got on a payment plan to take care of them, which his PO said was acceptable.

    He is supposed to be serving 3 days this weekend in County for VOP, and double-checked with his PO before I took him to make sure that he was not being revoked. He was assured that the judge had signed off on everything and he would be fine. I called this morning to see if I would be able to go see him, as well as when his exact release was so that I could pick him up. I was informed that he does not have a visitation schedule yet, and that while he is due to be released on Sunday at midnight, he has a warrant out in another county for running a stop sign and that city will probably pick him up for transfer when they release him. I asked if he had been made aware of this, and the officer laughed and said, "Not yet."

    If he transfers to another county instead of being released, is this considered another violation? I believe that this warrant is one that has been put on a payment plan. I need to know if this will put him in jeopardy of having his probation revoked, but I feel it would be inappropriate for me to attempt to contact his PO.

    Any advice or opinions on this matter would be greatly appreciated...I'm very worried.

  2. #2
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    Default Re: In Custody for VOP, Being Transferred Instead of Released for a Traffic Warrant

    He can talk to his probation officer about whether the bench warrant would be treated as a probation violation. I doubt that it will, given that the probation officer seems to be aware of and have responded to his other traffic warrants, but I don't have the full facts and it's not my decision to make.

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