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  #1  
Old 05-08-2009, 09:19 AM
whateverj whateverj is offline
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Default A texas probation revocation question

My boyfriend was placed on probation last year in Dallas and Tarrant county. Each county he was charged with possession of a controlled substance under a gram. He was placed on 2yrs deferred probation in both counties. We live in Tarrant county so his Dallas probation was transferred to Tarrant. He ended up with 4 dirty UA's and failed to complete outpatient treatment. About 2 months ago his PO told him he had a choice to go to state jail for a year or do the SAFEP program. He decided to abscond from probation. They arrested him from my home On May 1 and he is sitting in county jail. I spoke to his PO and she said they have not revoked him yet. He is behind on his fee's in both counties. My question is this. Is there a possibility they will reinstate him. Or is he looking at jail time? He has never been arrested before these charges for anything other than traffic tickets.
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Old 05-08-2009, 07:43 PM
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Igor Louis Igor Louis is offline
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With him absconding, I'd say it's a pretty good chance that he's looking at prison time. He was given an opportunity to change and chose to run. Not the decision to make if you want to stay out of prison.
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Old 05-09-2009, 03:41 AM
Mark2008 Mark2008 is offline
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I agree with Louis (again). It's legally within the realm of possibility for him to be reinstated, but why? He's shown over and over he doesn't want to follow probation rules. One dirty UA is enough to get revoked over. Much less four, plus failing to complete required treatment, missing appointments and not paying fees.

His best bet is to get the best sentence he can for himself, get some treatment and put this ordeal behind and hopefully come out clean and sober.
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Old 05-09-2009, 03:44 AM
Mark2008 Mark2008 is offline
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Only the court that gave him the probation can revoke it. It's not the POs decision, all they can do is recommend. If he has a court date within the first two weeks, he's doing good. The DA will make him an offer, which he can accept or reject. If he never accepts any offer, he will go to a hearing in front of the judge. It is like a trial, only the defendant has far fewer rights. The judge can sentence him to anything within the entire range of punishments for his original offense, so you better know what that range is so you can evaluate whether the DA's offer is a good one or not.
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