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  1. #1
    Join Date
    Sep 2011
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    1

    Default Son Arrested for Violating Probation Within 24 Hours of Being Released from Jail

    My question involves criminal law for the state of: Texas

    My son turned himself in for breaking into friend's of ours lake house. The people didn't press charges once he made monetary amends and apologized. The State of Texas did move forward with felony charges and arrested him in November of 2010 with a 120 day sentence plus fines of up to 20k and 9 years probation. While incarcerated for the felony b&e case he was on a misdemeanor deferred adjudication for possession of marijuana. I went to his probation office in December to let them know he was in jail and would not make it for probation until mid January. They filed a Motion to Revoke for the misdemeanor charge. Less than 24 hours of his release from the felony charge he was arrested at his probation office. The new probation officer told me to bail him out and they would get this dismissed. I did so but it was never dismissed. My son has left the country in fear and defeat knowing at his age he will never get a job, loan or education with a felony b&e charge.

    Can the Motion to Revoke the misdemeanor really stand up in the court of law in Texas when he was incarcerated? I thought it was suspended until his release.

  2. #2
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Son Arrested for Violating Probation Within 24 Hours of Being Released from Jail

    Obviously they did press charges. A fine of 20k and 9 years probation? That is steep, but it is Texas.
    He really stepped in it.

    Of course the probabation can be revoked for any misdemeanor. It was a violation of probation, but the probation officer has some discretion. If you son has left the country or otherwise does not appear in court, you can be sure he will be revoked. There will be no appeal from that.

    The probation officer can move for the probation to be revoked, but it is entirely up to the sentencing judge if the probation is revoked. If he is not there with an attorney to defend himself, then the court will simply revoke the probation. With 9 years probation, it is likely he will get some serious time.

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Son Arrested for Violating Probation Within 24 Hours of Being Released from Jail

    Your son needs to be introduced to the concept of taking responsibility. After digging himself a big hole with his burglary, and a bigger hole with his drug offense, he's out to dig himself into a long prison term with his flight from justice.

    If it's what you're asking, it's quite possible that due to time behind bars a misdemeanor committed before a period of incarceration begins would not be prosecuted. But a probation or parole violation is a separate issue, and you don't need to be prosecuted for a crime in order for your act to trigger probation violation proceedings. In fact, many acts that are not crimes can trigger probation violation hearings.

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