View Full Version : Fiance on probation, new dwi - what happens?


tina_46218
07-19-2009, 08:41 AM
Hi everybody, my name is Tina and I'm new to this. I have a couple of questions.
My fiance is on a 5 year probation. He got arrested on a DWI last week. They put him on a $3000 Bail Bond for the DWI.
His Probation Officer told me not to waste my money, because he will revoke everything and he will be right back in jail. He is in Coryell County jail right know.
My questions, what will happen when he see the jugde? Will he get another Probation? Will he get jailtime, the 5years probation? Will he have a Bail Bond after the trial? Can I always pay the Bail Bond, I mean even in a year. I'm sure the Bail Bond will be alot.
Does anyone knows where the Inmates from Coryell County jail in Central Texas go? Do they go to Huntsville TX?
I dont know nothing about the jail system here in the USA because I'm from Germany...
I'm in so much pain right know. It feels like someone ripped a piece of my heart out of me. I don't know what to do. He is my everything.
Tuesday I go to visit him for the first time, it's going to be so hart not to touch or kiss him. We was going to get married next year in May.
Please, someone tell me what is going to happen with him, I'm so scared...

poni'swoman
07-19-2009, 10:23 AM
If the probation officer said he was being revoked, that means he will have to serve his original sentence (remainder of five years). At least that is what I think. Someone will come along that knows more about it than I do. Good luck.

Drucifer
07-19-2009, 12:10 PM
Welcome to PTO. No one can tell you anything for sure until he sees the judge. If his parole/probation is revoked, he will either be re-sentenced or serve the remainder of his sentence.

Perhaps Royce will come along to ask for specific questions and give you better answers.

Mark2008
07-19-2009, 01:13 PM
Well, the PO is correct about the bail. They would just issue a warrant, arrest him again with no bond and you'd have wasted the money.

He will need to deal with the new charge first. either have it dismissed, plea bargain or go to trial. AFTER the new charge is dealt with, then he will have the right to go in front of the judge on the probation charge. If it's a small town, might well be the same judge. The judge will then decide whether to reinstate him on probation, myabe extend or modify the probation, or revoke him and sentence him for the original crime.

I am guessing with a 5-year probation the original crime was a felony. The maximum sentence would be 5 years unless he was on deferred adjudication, in which case it could be much higher.

But the judge will not consider the probation case until the new DWI charge --- be it felony or misdemeanor -- is dealt with.

I_survived
07-19-2009, 09:49 PM
While I was on supervision I caught a charge of felony assault, which violated me. I had a real cool PO who waited to see what the outcome of the trail would be. I posted bond and got out until I went to court.

Sine I knew my case was BS I hired a lawyer and fought it, and eventually the charges were dismissed through my attorney’s hard work. Once the charges were dropped my supervision was resumed to normal status.

Having a DWI and having it on tape or where it can be proven puts you in a much more difficult situation.

As mentioned work hard on getting the original charge dropped or dismissed, it might be hard but not impossible then worry about the revocation. Until then let him sit in jail because the bail money could be used to hire a lawyer.

Drucifer
07-19-2009, 10:02 PM
The judge will then decide whether to reinstate him on probation, myabe extend or modify the probation, or revoke him and sentence him for the original crime.

I am guessing with a 5-year probation the original crime was a felony. The maximum sentence would be 5 years unless he was on deferred adjudication, in which case it could be much higher.


This is not necessarily true. If the judge decides to revoke him and re-sentence him on the original charge, the sentence can be anywhere in the range for the original charge. I am not sure where this "five years" is coming from.

Where is Royce?

RobinsMan
07-20-2009, 03:35 PM
I believe that Mark is correct that in the case of revocation of probation, as opposed to deferred adjudication, the judge is limited by the term of probation. So, if the probation was for five years then the maximum termm of imprisonment, if revoked, will be five years. Upon revocation of someone with a deferred adjudication the full range of possible sentence is available to the judge.

Mark2008
07-20-2009, 11:33 PM
Yeah, I went through that. Had deferred on a second-degree felony, could have gotten anywhere from 2-20. Once they changed it to straight probation, I knew my liability was limited to seven years (length of the probation). I eventually bargained them down to the minimum.

RobinsMan
07-21-2009, 10:22 AM
...

Having a DWI and having it on tape or where it can be proven puts you in a much more difficult situation.

...


That's the truth and they'll use it, too. Court had all three video tapes of Robins three (count 'em, three) new DWI charges when her revocation hearing took place. In two tapes she was perfectly sober and more evidence for the defense than the prosecution but number three ... wheew! ... number three stopped the whole show right then and there. Suddenly the judge was pissed that the DA had already agreed to three years (if Robin were to reply "true" to all the allegations) when the probation had been for five but he honored the bargain. Of course, it didn't matter in the end when it came time to pay the piper for the new DWI's.

mamajmg
07-23-2009, 07:34 PM
In what we just went through with my sons MTR on his deferred probation - that is what our attorney said COULD happen - he had two felonies in which he got five years deferred - if the Judge had revoked him we would've been looking at two five year sentences which in likelihood would've run concurrent. Last year he was accused of a DWI charge and we went through the whole MTR there too. The misdemeanor court viewed the video - found my son not to be guilty - threw the case out and his probation judge still sentenced him to SAFP.

exinmate76
07-25-2009, 01:35 PM
texas gives time for dwi's unless you are very lucky. most counties just drinking is a violation of your probation so wether he was legally drunk or not doesnt matter if he admitted to drinking they can give him his original sentence . that is usually a stipulation of your probation although it actually wasnt on mine when i was on probation in dallas county. ive had 4 dwis im sad to say, but i was only convicted of two. i took a plea bargain because i was on probation for two when i got my third and they dropped it down to obstruction of a passageway if i would sign for 180 days. back in 94 i had one but it was easily thrown out because they werent as strict on them as they are now. i have 2 friends down right now and both got serve alls on their sentences for there dwi's. you will get parole faster for robbing a store than a dwi now

jobezee1
07-21-2010, 05:03 PM
I believe that Mark is correct that in the case of revocation of probation, as opposed to deferred adjudication, the judge is limited by the term of probation. So, if the probation was for five years then the maximum termm of imprisonment, if revoked, will be five years. Upon revocation of someone with a deferred adjudication the full range of possible sentence is available to the judge.

Not necessarily. I'm a good example of this. When I got my 3rd DWI, I was convicted (no deferred on intoxication charges in Texas) and sentenced to 8 years TDCJ (3rd degree felony 2-10) probated for 5 years. I was revoked and given 2 years (got lucky) but could have been sentenced to 8. As most know, on deferred the whole range applies. However, if you are actually convicted and given probation, the courts specify what the sentence is (in my case, 8 years) and then probate that sentence for whatever term (5 years for me). On revocation, the court can deviate down (like they did with me) but not up. The term of probation (# of yrs.) does not necessarily have to equal the term of sentence. The prison term may be higher than the # of years on probation. I have the paperwork to prove it. I know it is somewhat confusing but I've come across a lot of people who had 5 years probation and then wondered how they ended up with a 10 year prison sentence on revocation. They usually didn't read the paperwork very well b/c they didn't plan on getting revoked.

jobezee1
07-25-2010, 09:11 AM
Im sorry, I'm sure I sound confusing..lol...no not a new dwi but she violated probation by failing the blow, plus she didnt complete all her required classes. whats going to happen next? she had only one more month left of probation. Boy oh Boy! :(
Thanks!

Sorry it has taken me awhile to get back to you. If this was her first DWI, then that is a class B misdemeanor provided that there wasn't a minor in the car. The maximum jail term on that is 180 days. If she is revoked, then that is what she is looking at. Also, a $2K fine but as she was on probation, I'm sure the court already fined her. I've never heard of a DWI case where the court didn't.

spawgan
07-29-2010, 04:38 PM
Royce,

On the strait probation the range of the punishment is determined by the original sentence. The judgment will show the sentence to be X number of years that will be probated for Y number of years. The number of years of probation have no bearing on what the possible punishment range would be on a straight probation revocation. On felony DWI's you will for instance often see 10 years TDCJ probated for 5 years and upon revocation of that straight probation, the Court can give anywhere between 2-10 years.

Something tells me the original probation will be for a state jail felony since the max probation for those is 5 years. If it is a State Jail felony, then if revoked the punishment range will be 180 days to 2 years in the State Jail day of day.

The other poster is right that you will need to deal with the underlying case first.