View Full Version : Son violated probation - now what?
01-11-2009, 05:14 AM
I just received a call at 12:30am, my 22 yr old son told me he's going to jail. He has been serving 2 years probation for assault w/bodily injury to a family member. He's been doing so good since last May. But tonight he was out of his county, caught speeding, and had been drinking. Could it be any worse??? I guess it could, but to me this is just all kinds of awful! I went straight to the internet and came across this site. Wow! What a resource of information and support ya'll have here! I don't think getting an attorney will help him now, but I have no idea what to expect. Any advice anyone can provide would be greatly appreciated!
01-11-2009, 08:54 AM
Anything to do with the justice system is not open and shut- -several factors determine what happens to who.
How long he was on probation, if his lawyer has a brain, if he has a job, many, many factors determine what happens next- -and the county you live in.
Basically, as a "mom" all you can do is talk to your higher power and pray for the best.
Sometimes, not all, it will help the offender to do some time, to show them how truly serious their actions are.
I will be praying for you.
01-12-2009, 08:43 AM
mom, if a motion to revoke his probation is filed - and it sounds as if it has been - then he will be arrested and probably held without bail. However, he will get a hearing before the judge who will decide what to do so it is not yet a done deal. The judge can revoke his probation and sentence him to jail time or he can decide to continue his probation, perhaps modifying the terms to add something as punishment. He can be represented by an attorney at the hearing to negotiate and make a case on his behalf to continue his probation or perhaps minimize any sentence that the judge might hand down.
01-12-2009, 01:17 PM
Hi mom and welcome!
You've already been given great input. My experience with the MTR is that last year my son was stopped for going 45 in a 50. (uh-huh) DPS arrested him for DWI which was thrown out of court (many infractions and inconsistencies on officers part). Before the time of the DWI hearing he was held in county with no bond and had his MTR hearing with the probation judge who sentenced him as guilty with penalty. She ordered him to safp. He remained in county, went to misdemeanor court and then on to safp. His probation judge also ammended his probation adding conditions of HER removal of his driving priveleges, personal body monitor and blow machine on his truck.
Hopefully his probation judge will review his accomplishments and not just the violation.
Best of luck to you!!
01-12-2009, 06:48 PM
Thank you all for your input!! As I wrote my first post, my son had just called me that night, after being arrested. We both assumed that since he had been caught in violation of his probation, that he would go straight to jail for the remainder of his probation, at the very least, without any questions asked.
When I called the city jail in the morning, to my surprise, I found out that bond had been set and he was ready to bond out. So I found a bond person and got that taken care of. His probation has not been revoked yet, and I understand a hearing will be set in about 6 weeks or so for the DWI. He also received a ticket for speeding and an expired inspection sticker, so he has a hearing set for 28 Jan for that citation. Did I mention that he was out of his county when all this happened?! Yeah, when he screws up, he screws up big!!
I don't know at what point there will be a hearing on his probation. Will his probation officer initiate that?? His next appointment with her is on 26 Jan. Should he try to call her beforehand to tell her he screwed up? He is really dreading telling her. With such a huge screw up, what are the chances that his probation won't get revoked? Is there anything we can do to better those chances?
mamajmg you mentioned accomplishments they might be looking for, can you give any examples of what that might be?
01-12-2009, 07:01 PM
I just sat in court and heard cases like this. It depends what county and what judge(that can make all the difference). The judge that we had was just simply modifying probation adding things on like classes and more frequent visits with probation officer. What county is he on probation in? I think he should get an attorney, even a court appointed one if thats the case. Everyone on this site is the best and can give some great advice and support!!
01-12-2009, 09:10 PM
He was put on probation in Bell county, but lives in Williamson county. His main PO is the one in Bell, but he has the monthly visits with a PO in Williamson. I wonder where he will go to court for the probation hearing, supposing there will be one, which I really have no idea. He's planning to call the PO in Bell county tomorrow.
01-13-2009, 08:24 AM
His terms of probation should include the requirement that he tell his PO if he gets in any other trouble. I think that he has to assume that they will find out even if he doesn't tell them himself. A motion to revoke his probation all begins with his PO - either the one he is reporting to in Williamson county or the one in Bell county. If they do not move to revoke his probation then nothing will happen and nothing would happen until they know there are grounds to revoke his probation. It is possible for them to give him a break and let it slide but if either PO decides to initiate a revocation then they must take it to the Bell county DA who will almost certainly agree to file the motion to revoke. There would be a warrant issued for his arrest and once he is in custody they would set an initial court date.
01-13-2009, 08:31 AM
Mom - I don't know if different counties may alter how things are handled - so again, I can only offer our experience.
The MTR hearing should be held in the county which he is on probation. In situations that I'm aware of (Harris and Montgomery County) if you are arrested for a new charge once handled in the arresting county you would then be transferred to the county issuing the MTR - IF - one had been issued.
As far as your sons accomplishments - job reference/history, church involvement, probation fees/fines paid, community service compliance. Things like that. In my sons probation court the judge won't even look at those things, however, his probation officer can include those things in her report.
I agree with Mygirl - so much seems to depend on his probation judge. If this is his first probation violation the judge may ammend his probation so that he will have to include alcohol related requirements.
Hope this helps some
01-13-2009, 09:26 AM
I have to say..if his probation is out of Williamson County, I hope they are leniant, but prepare yourself. I live in Williamson County--my ex husband was on probation out of this county and he got arrested in Travis County. Williamson County revoked him faster than you would believe and he was sentenced to 15 years TDC. It didn't take but about 3 weeks for all of it to happen.
I hope your son's probation officer is better than the one my ex had. PM me if you want to know her name.
01-14-2009, 09:28 PM
Thanks for the info BrandNewGirl, mamajmg, and RobinsMan.
His probation is really out of Bell county, so I expect that's where he will go to court in the event of a MRT. He's gathered up his courage, and is going to call his Bell Cty PO tomorrow and talk to her. I wonder if he should contact a lawyer before he contacts his PO??? We'll see how it goes. He said he is hopeful, but prepared for the worst. He's taking it better than I am, and ready to get on with straightening out his life, whatever it takes. I'm really proud of his attitude, he's taking full responsibility for his actions, and will take whatever punishment is doled out like a man. He plans to learn from his bad choices, and move on with making the good life he envisions for himself.
01-14-2009, 09:39 PM
Its good that he is taking it good. I really wish him all the best. Keep us updated.:coffee:Also, it probably would'nt be a bad idea to contact the lawyer before he talks to his PO.
01-17-2009, 08:34 AM
Just thinking of you and wondering how things went.
Know that ya'll continue to be in prayer.
01-27-2009, 06:16 AM
It's likely he'll have to be arrested again if they decide to file a motion to revoke probation. That decision is up to the court that issued the probation in the first place. If his PO recommends a revocation, he has the right to a hearing. Maybe he can sweet talk his way out of that by being nice to his PO and she won't recommend anything. Always a chance they will turn a blind eye on something as minor as a traffic ticket.
The most time in prison/jail that a person can get on a probation violation is the TOTAL length of the probation. It does not matter if he has just started the probation or almost finished or somewhere in between.
The exception is if he is on "deferred adjudication", in which case the court can give him anywhere in the legal range of punishment for his offense, regardless of the length of the probation.