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  1. #1

    Default Consequences of a Possible Probation Violation

    My question involves criminal law for the state of: Texas

    Hello,
    I was put on probation for attempt to posses POCS misdemeanor A deferred adjudication which was dropped from a 3rd degree felony initially for a schedule 1 chemical. I was put on probation about 7 months ago and arrested about a year ago. Recently i was subject to a room search by campus police/county authorities and given a citation for drug paraphernalia. However on the affa davit it stated that i was in possesion of my roomates vaporizer and did not mention any of they items they took out and designated as mine. what they took of mine and his is designated as such on seperate paperwork. I meet with my PO tmrw. My question is what is the likelyhood that she will decide to revoke my probation, and if she did what is the most likely series of repercussions? (I.E jail time and whether i would serve county or state; initially the pocs arrest stated it was a state jail felony but like i said it was dropped to a misdemeanor) Also can they bump the charge back up to a felony as a friend claimed they could? i think this is unlikely. Overall what do you think will happen. I am employed and attending school full time if that counts for anything. Sorry about the long post, I would appreciate it if someone could answer ASAP seeing as i visit her tomorrow.

    Thank you

  2. #2
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    Default Re: Consequences of a Possible Probation Violation

    The consequence of violating a deferred probation that will result in a felony conviction being dropped to a misdemeanor is very often that you end up with the felony conviction; you can also end up facing a term of incarceration. You should be working with a criminal defense lawyer.

    If you mean that the charge was reduced from a felony to a misdemeanor, and that your plea was to the misdemeanor, a probation violation would not ordinarily allow the prosecutor to reinstate the more serious charge; but you can still get a conviction on the misdemeanor and could still potentially go to jail.

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