Legal Question in Criminal Law in Texas

Ok, here we go. My boyfriend and I got arressted last year because I was being drunk and disorderly at a bar/restaurant. When the cops asked us to leave the property, we did. But, as we were walking off the parking lot, we were about 5 feet away from the sidewalk to head home when 5 officers came a bum-rushed us into handcuffs. According to those rediculous officers, we were being charged with criminal trespassing, despite the fact that we WERE leaving the preperty as they had asked. Anyway, court date comes and my bf and I were given seperate lawyers in seperate courtrooms. My lawyer was late, WAY late and by the time she showed up, my bf's lawyer had already taken care of everything and didn't give me a choice in the outcome. I insisted in fighting the case and getting it dropped to public intoxication because THAT we were actually guilty of! But, instead my bf decided not to fight for himself and just took the plea his lawyer offered. The way his lawyer put it, "because of how vulgar your girlfriend was, SOMEONE has to pay for it." So, my boyfriend took a year of probabtion, 24 hrs. community service, and anger management classes to get my charges dropped.

Anyway, this is both of our FIRST times ever getting arressted. We both have NO previous record. My bf was supposed to be off of probation here in December. But, I need advice about his next visit in two days. See, he and his mother live off of SSI and his mother is very mentally ill, he is her care-taker. So, it's a MIRACLE that he's already paid off his probation early, gotten most of his community service done, and is still trying to get the money for the anger management classes. They have a very limited income and SSI said that he is NOT allowed to work AT ALL. So, there's no extra money in this house. Yet, still my bf is doing EVERYTHING he can to get everything taken care of. Immediately after he was put on probabtion, they put out warrants for unpaid tickets he previously had. We as a family, are still trying our damnedest to get those paid off, too. But, the problem is that his p.o. decided to give him a drug test two months ago to put on file. Yes, he failed and showed up dirty for marijuana and alcohol. So, his p.o. decided to drug test him every two weeks! Now, she's holding his 2nd failed test against him and trying to give him an MTR. Problem is, marijuana doesn't leave your system for 30 days, not two weeks! So, how can the second test, after only two weeks, even count against him?! Not to mention, he has more fat on his body and it takes even longer for things like marijuana to leave your system depending on the amount of fat cells it's stored in. So, how can her case even hold water? I understand that he shouldn't have failed in the first place. But, the second test should be disregarded considering the time given in between tests and because he has NO previous record and never been on probation, AND wasn't informed of what he would be tested for, he also had no idea that he wasn't allowed to drink! Now, he has to go to court the day after tomorrow and I'm worried SICK that they're going to throw him in jail. Which, considering his mother's illness and the situation, is NOT an option. He HAS to be here to take care of his mother, he's the only one who legally can and with NO prior incidents plus the idiotic p.o. who kept him VERY ill-informed about the details of probabtion, tested him too often for the 2nd test to count, etc. How can they possibly not give him some leniancy?! It all boils down to this, is there ANYTHING that can be said or done for the judge to go easy on him, considering the situation and just give him drug and alcohol classes, instead of jail-time? I mean, technically I am the reason he's on probation in the first place. Neither of us have EVER gotten in trouble before and he admits he has a alcohol problem and wouldn't mind getting help for it. So, legally is there ANY way to go about this to ensure that he doesn't go to jail, leaving his mother helpless and homeless? Especially, under the circumstances of the entire situation, as a whole??


Asked on 9/17/12, 3:57 am

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

As I understand this is the his first MTR on a criminal trespass charge based upon violating a drug test.

He needs to have his attorney come to court for him.

Chances are the judge will alter and amend his probation conditions to give him drug and alcohol classes as you suggested.

I don't understand why he is not allowed to work if Mom is getting the SSI.

Also a plea of poverty won't work on a drug violation, after all he had enough money to buy the drugs. Nor would ignorance of his conditions as he signs the conditions when he is admitted to probation.

He needs to contact his attorney to help him out.

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Answered on 9/17/12, 6:46 am


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