View Full Version : Help!! My Probation Was Revoked... I Dont Know My Options.
08-29-2008, 05:50 PM
Hi and thank you for reading.. im 21 years old about to be 22 on september and my probation was just revoked today for not seeing my p.o i got sentenced to probation for 5 years when i was 18 for an agg assault with sbi.. it was a simple fight that i just got the best of him i have never been in trouble with the law before no priors no nothing and while on probation i have not caught any new cases or ever failed a ua... but ive missed 6 times with my p.o withint the 3 years of seeing her.. every time ive missed had been a reason family problems or illness or work related but my p.o does not believe me plz anyone can tell me my options.. will they reinstate me?? and i am not current on my fees but i can get current i just got a lawyer today also but im not trying to do any jail time because of my career im trying to persue. its hard for people on probation to get jobs and when u get assigned probation they never clarified anything for me also and it upsets me.. ive been switched around different p.o's and every one has told me diff.. and i get punished for it some have said dont worry bout community service while others say do it now its real stressful well any help would be much appreciated oh and also its out of tarrant county i believe i have judge gallahger or however u spell his name well thank you:confused: and also wat qualifies you for being an absconder?? i heard it was missing your meeting 3 months in a row.... thats not the case with me.. so will that help me also?
08-29-2008, 06:08 PM
I cannot answer your question but wanted to welcome you to PTO. This site has sure educated me, fast. Someone will come alone with more knowledge than I. Probably Robinsman, LOL. God bless as always.:)
My son was on probation in Tarrant County also. He violated his probation and is now in jail at the Gib Lewis Unit in Woodsville, TX. I think it all depends on the Judge, PO's and lawyers. They could re instate your probation or lock you up. If you could show them anykind of paperwork or something as to why you missed, it could help. My son has never been in any kind of trouble either. He was current on the payments, made all his appointments. Just got caught up on peer pressure and drank along with some other issues. Hope your Judge is in a better mood then ours was. Hope you got a good lawyer too. My son got 7 years. Hopefully he'll only have to do one fourth of it. Its all in GODs
Computer went crazy on me. I meant to say It's all in GODs hands now.
Good luck, and let us know how it turns out.
08-29-2008, 08:07 PM
First of all, your probation had not yet been revoked or I am pretty sure you would not be anywhere where you have access to a computer. The probation office has probably forwarded a violation report to the DAs office and the judge. The judge may enter an order of arrest (particularly if a straight probation and not a deferred) before the motion to revoke (and I am using motion to revoke to cover both a motion to revoke straight probation [mtrp] and a motion to adjudicate guilt [mtag] for a deferred). If an order of arrest was not enterred prior to the motion, once the motion to revoke is filed then a warrant will be issued for your arrest. If the probation is a deferred a bond has to be set, if the probation is a straight probation then the judge can refuse to set a bond.
Once arrested, you will go to court where you will either be appointed an attorney or hire one and that attorney will start the process of trying to defend you on the motion. At that point you can be revoked and sent to prison, reinstated, have your conditions amended in some fashion, revoked yet still reinstated with amendments, the motion can be denied by the court and thus reinstated. As you can see, there are plenty of options, to many to discuss intelligently at this point. but rest assured, once revoked you would know it and know the consequences.
08-30-2008, 03:37 AM
thank you for the input.. well i guess it was a motion to revoke me.. i have to see the judge on the 19 it sais so on my paper that my probation officer gave me. i have to be there 8:30 sharp she said or a warrant will be issued for my arrest. and i allrdy have a lawyer i called her right after i left my probation officer after she filed a motion to revoke. i dont understand the whole process. i was not issued a blue warrant or anything like that.. i just came in and saw her and she was like well were filing a motion to revoke your pobation for not seeing us last month.. and i was trying to explain my situation and she wasnt hearing it not one word.
08-30-2008, 11:17 AM
Spawgan pretty much outlined what will happen as it moves forward. I think that you have already made your best move in hiring an attorney to represent you. What happens will be completely up to the judge but you also have the chance to make your own case at a hearing which is something that the attorney can do for you better than you can do for yourself. In your case it sounds as if an attorney has something to work with, too. Make sure that you take advantage of being free and able to call him and talk to him while you can. If you are arrested you will probably not be allowed bail and then you may only get to speak with your attorney (depends on the attorney) on days that you both appear in court. A blue warrant is only for those on parole but I must say that in my limited experience it sounds "different" and therefore perhaps promising that you have not been arrested and are being given the opportunity to appear under summons (?) instead. I don't really know if that means anything at all but it is better than what I have seen as the normal course of events.
I also wouldn't expect your PO to be hearing anything now that she has made the recommendation for revocation. You are definitely obligated to follow the rules and expectations of your probation but I don't think that I have to be the jaded cynicist that I am to think that your PO is being a ...hmmmm ... well, I'll just say that it is no wonder that TDC is stacked to the ceiling with people.
08-30-2008, 05:55 PM
thank you for your input robinsman,, yeah and im guessing that is an advantage that i have that im not in jail and that i can see my lawyer and speak with her.. but in some cases doesnt the lawyer just try and make deals with the judge and i dont even have to see the judge...? i mean in a case like mine i understand that i have to obide by the rules my p.o sets but life is shitty and things happen. money sitaution,,kids,,jobs, exc.
I'm sure that you won't be able to avoid a hearing before the judge. If you can catch up your fees and take care of any other requirements they had for you it might help. Let us know how things are going and good luck!
08-30-2008, 07:51 PM
Oh, I hope you didn't misunderstand. I wasn't giving you any crap about rules and stuff. I was saying that, from what you said, it sounds like your PO was being a bit unreasonable. I also think that it will be necessary to go to court at least once but it could be more than that.
08-31-2008, 06:58 AM
08-31-2008, 09:12 AM
One more thought. Depending on the county, your PO may very well no longer be handling your case, a Court Liason Officer who works in the Court will be handling your case. This is who your attorney will need to work with to try to get an agreement to either amend and keep you on probation or reinstate your probation.
08-31-2008, 05:03 PM
yes i have to report someone of that sort it sais so on my paper.. that i have to report to the senior officer or something like that.. what exactly does that mean?? it sais 8am report to the senior officer dont be late or a warrant will be issued for your arrest... i know its alot of questions but im new to this even though i have been on porbation since i was 18 and im 21 now but nothing was ever eplained it was heres 5 years probation no jail have fun.. im like ok.
09-01-2008, 09:19 AM
You should call your PO, call the court and/or call your attorney. Is there a phone number on the paper that you are looking at? If so, call whoever is at the other end of that number.
09-02-2008, 05:22 PM
nope no phone number just saying report to senior court officer maria luna at 8am