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  1. #1
    Join Date
    Mar 2006
    Location
    Waxahachie, TX
    Posts
    1

    Default On probation and have 2 new charges

    Okay, I'll try to make this as brief as possible.

    I'm on probation in TX for Burg. of a Habitation that occured in 2004 (I believe).

    I go to court tomorrow for an evading arrest charge (they've listed it as a misdemeanor), and I'm waiting on notice of indictment from the grand jury on another burg. of habitation charge.

    My questions are:

    1. I've been going to probation, and talking to my PO about these cases, and they asked if I just wanted to get it over with and do some time.. Of course, I replied no, that I just wanted another chance (like everybody does) to straighten things out.
    Anyway, since my probation hasn't been revoked yet, does that mean that it won't be?

    2. Will plea bargaining on the new charges affect my probation?


    3. I have no attorney, so this is the only legal advice I'm getting prior to trial.. What's a normal sentence like for these charges? They shouldn't have any evidence against me, except for a cops statement.

    4. Should I appear at the court date for the grand jury indictment without an attorney, or should I just wait to be indicted and ask for a court appointed attorney??

    Thanks in advance for your advice.

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

    Default Re: On probation and have 2 new charges

    Quote Quoting explodeintored
    1. I've been going to probation, and talking to my PO about these cases, and they asked if I just wanted to get it over with and do some time.. Of course, I replied no, that I just wanted another chance (like everybody does) to straighten things out.
    Anyway, since my probation hasn't been revoked yet, does that mean that it won't be?
    No.

    Quote Quoting explodeintored
    2. Will plea bargaining on the new charges affect my probation?
    Yes and no. If you plead guilty to a new criminal offense, that makes any probation violation proceeding a cinch for the prosecution. But the probation violation proceedings will likely be resolved before the new charges are wrapped up.

    Quote Quoting explodeintored
    3. I have no attorney, so this is the only legal advice I'm getting prior to trial.. What's a normal sentence like for these charges? They shouldn't have any evidence against me, except for a cops statement.
    You would have to ask a local lawyer.

    Quote Quoting explodeintored
    4. Should I appear at the court date for the grand jury indictment without an attorney, or should I just wait to be indicted and ask for a court appointed attorney?
    You should retain a lawyer to assist you with all of your pending legal matters. See if you can get an appointed lawyer now, at least in relation to probation violation proceedings or the "evading" charge.

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