Legal Question in Criminal Law in Texas
My boyfriend is in jail for a warrant for probation violation. He has not been arrested since he last got out of jail. He was on probation for evading. The only reason they sent out the warrant was because he could not pay his probation fees. Now he is worried he will have to sit the rest of his times which is two years. What is the most reasonable decision the judge will make? Will he get another change since he has not been in any more trouble and he will just have to start paying the fees? Or will they just make him go back to jail?
1 Answer from Attorneys
He needs a lawyer. If he is indigent, one will be appointed to represent him. If the ONLY violation is failure to pay, then it is a defense to the failure to pay that he could not pay. He must raise this defense and then the state must disprove the defense.
If that is the ONLY violation, then there is a good chance that the court will simply terminate his probation unsatisfactorily rather than waste resources on his continued confinement.
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