Results 1 to 2 of 2
  1. #1
    Join Date
    Mar 2012
    Posts
    1

    Default Probation for Wrong Crime

    My question involves criminal law for the state of: Texas

    Here goes... In the summer of 2009 I went to visit my cousin in a rural Texas town. My cousin (18), his friend (18), and myself (19) drove around the county having a few drinks and shooting at mailboxes. Then in September of 2011 the sheriffs office calls me and want to talk about my part in the crime. I told the officer everything that we did, and then he passed the case over to the district attorney. I called the DA and meet with her a few times, telling her my part. This was my first run in with the police so she offered me a pre trial diversion- 1 year of probation, never arrested. Ive been on probation for 4 months now completed 76 of 100 community service hours, the remaining 24 hours are at a class in may. Last week 3/21/2012 my cousin texted me saying he was going to get me out of this cause I wasnt there. After asking what he meant he said that the crime the county and DA had a case on, the one I had been placed on probation for, was a different time. He (my cousin) said that he and his friend had gone out drinking and shooting again. So now Ive confessed to a crime that I didnt take part in, I thought there was only 1 shooting thats why I confessed.

    So now Im in a weird position. I didnt know that there were 2 separate incidents. Now Im on probation for a crime I didnt commit, and Im not sure what to do. My cousin was given 5 years probation (this was not his first run in with police) and as part of both of our probationary terms we are not supposed to be in contact with each other. So how do I go and tell the DA that I now know there were 2 separate incidnets, and they have me on probation for the wrong one?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Probation for Wrong Crime

    If all you want to do is clarify, "I meant to confess to committing this crime on date #1, not date #2 when I was not present, and I want to be sure that we're all on the same page - this diversion is for the date I was present," the prosecutor may well note that in the file. If this is pretrial diversion, you didn't plead guilty in court, so as long as the prosecutor doesn't intend to charge you for both dates it doesn't much matter if you got the date wrong. If you violate the terms of the diversion program you can be sure that when you go back to criminal court they use the correct date.

    If you are hoping that the pretrial diversion case will go away if you point out your mistake to the prosecutor, that's not going to happen. If you come across as having a bad attitude, you could conceivably inspire the prosecutor to agree that you should not be in a diversion program for date #2, release you from the program, and charge you with your admitted crime on date #1 without again agreeing to diversion.

    1. Sponsored Links
       

Similar Threads

  1. Defenses: Can a Small Claims Suit Be Dismissed when It's Claiming the Wrong Crime
    By uchimata in forum Civil Procedure
    Replies: 1
    Last Post: 10-28-2011, 10:56 AM
  2. Probation and Parole: Charged With a Crime While On Federal Probation
    By moondice in forum Probation, Parole and Incarceration
    Replies: 1
    Last Post: 08-22-2010, 06:29 PM
  3. Probation and Parole: New Crime while on Probation - Prison Time
    By crich63 in forum Probation, Parole and Incarceration
    Replies: 1
    Last Post: 04-02-2010, 09:39 AM
  4. Probation and Parole: Ex-Spouse Violated Probation and Committed Another Crime
    By mozisme in forum Probation, Parole and Incarceration
    Replies: 3
    Last Post: 06-26-2008, 12:08 PM
  5. Probation and Parole: Charged with new crime while on probation
    By rbvh003 in forum Probation, Parole and Incarceration
    Replies: 1
    Last Post: 10-07-2005, 12:37 PM
 
 
Sponsored Links

Legal Help, Information and Resources