Legal Question in Criminal Law in Texas

I am on probation for nine for fail to ID. Well when i went to go see my p.o. they told me that i cant do drug, drink or even be at a bar but i didnt hear her say that i couldnt drink. Well two days before i went to my p.o. i had a glass of wine for a engagement that i had at my apartment. Well i told my p.o. that i had a glass (but she didnt texts so there is no proof), now she is telling me that i have to appear in front the judge and my only opinion is going to jail for three days and take all these class and take random tests. That means i have to miss a lot of work and i could loss my job. This is the first time i have ever gotten in trouble. Is there any way i can fight it? Where i can get more community service hours?


Asked on 7/12/10, 8:08 pm

1 Answer from Attorneys

Robert Tuthill Law Office of Robert H. Tuthill

The conditions of your probation will be stated in your paperwork. if there is a condition for you to refrain from consuming alcohol then you need to abide by that. If the PO is just telling you that you need to appear in front of the Judge, odds are that a motion to revoke your probation (or a motion to adjudicate if it is a deferred) has not been filed. The judge likely wants to figure out what is going on. If the Judge wants to punish you for something, more community service hours or more classes or something else may be an option rather than jail time. If you go speak to the Judge, it is also possible that nothing will happen other than a warning to not do it again.

If you feel more comfortable, you can always hire a lawyer to go with you or ask the attorney who worked with you to get the probation to attend. A lawyer may be able to figure out what your best options may be easier than you can.

Good luck!

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Answered on 7/12/10, 11:25 pm


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