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  1. #1
    Join Date
    Nov 2011
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    2

    Default On Probation and Arrested for Dv - Reduced to Class C

    My question involves criminal law for the state of: Texas

    My boyfriend is on probation for a DUI. His probation would be up in about June/July of next year. He has a good steady job that he has been at for over 3 years and he has made all of his probation payments on time as well as paying for the interlock they ordered to be put on his car.

    Two weeks ago he got drunk with a buddy while we were at a concert and he made some very poor decisions, inlcuding slapping me when we got home. I called the police and he was taken in for DV. I did not press charges, there was no lingering physical pain (no bruises or anything) so the detective reduced the charge to a Class C misdemeanor.

    His next appointment with his probation officer is in 2 weeks, this will be the first appointment since his arrest.

    What should he expect? Will they remand him to custody because he was arrested while on probation?

    Thank you in advance for your insight.

  2. #2
    Join Date
    Sep 2011
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    OH10
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    Default Re: On Probation and Arrested for Dv - Reduced to Class C

    Lets examine the facts. He had a history of drunken dangerous conduct, was arrested and is on probation for it. While on probation, he got drunk and engaged in dangerous conduct. I'd say he will likely have his parole revoked, serve his original sentence, as well as whatever current sentence he gets for this act. You need to find a new boyfriend.

  3. #3
    Join Date
    Sep 2010
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    19,901

    Default Re: On Probation and Arrested for Dv - Reduced to Class C

    He should be reporting the further charges as soon as they are brought rather than waiting around.

  4. #4

    Default Re: On Probation and Arrested for Dv - Reduced to Class C

    Quote Quoting Donna741
    View Post
    My boyfriend is on probation for a DUI. ...Two weeks ago he got drunk with a buddy while we were at a concert
    Did his probation include refraining from alcohol?

    and he made some very poor decisions, inlcuding slapping me when we got home. I called the police and he was taken in for DV. I did not press charges,
    You don't need to press charges. You TOLD police that he'd committed a crime again you. They're obligated to treat the crime that you reported AS a crime. The state can, and in TX particularly, DOES follow through with DV cases, even against the wishes of the victim. When you summon police, a police response is what you generally get.

    there was no lingering physical pain (no bruises or anything) so the detective reduced the charge to a Class C misdemeanor.
    But you need to know that the PROSECUTOR can bring a DIFFERENT charge if they're so inclined and the incident fits statutory definitions for a higher charge.

    His next appointment with his probation officer is in 2 weeks, this will be the first appointment since his arrest.
    I agree with Flyinron - he needs to tell his probation officer ASAP.


    What should he expect? Will they remand him to custody because he was arrested while on probation?
    In addition to the DV charge, he's likely to be looking at a probation violation. Whether his probation officer will seek an arrest or not only the probation officer can know - but since this incident has alcohol in common with the charge he's on probation for, asking to get cut some slack isn't likely to be very fruitful (and again, even LESS so if his probation requires him NOT to drink).

  5. #5
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: On Probation and Arrested for Dv - Reduced to Class C

    I've been rapidly finding out that each state does probation differently. I recieve a "hot list" of any new arrests for my guys. If it's in another state or county, I can check through LEADS. Him telling me of a new arrest just prevents the inevitable. We don't arrest on the subsequent arrest, we just complete the violattion for the new arrests. Other states or counties may take him into custody themselves. But for every state that I know a PO from, a violation is inevitable. Whether or not they revoke his DUI, order a new probation for the subsequent or seek jail time is up in the air.

  6. #6
    Join Date
    Nov 2011
    Posts
    2

    Default Re: On Probation and Arrested for Dv - Reduced to Class C

    He did notify his probation officer when he was released, that is when the PO scheduled the appointment. He has been on a schedule of in person reporting every other month with mail in reporting in between.

    He is supposed to avoid alcohol as part of his probation.

    The Class A charge he was arrested on was dropped and the Class C is what he went before the judge on. His ticket was $520 with $300 credit for time served while he waited for his arraignment.

    Thank you for your time.

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