Legal Question in Criminal Law in Texas
If my brother was on a 5yr probation, and violated by getting arrested, but the probation period was almost done. And he stayed in county for 11months on the new case, and received probation for it. When he received the probation for the new case, he was released showing no outstanding warrants. Now he is in jail on a revocation of his first probation that they filed close to a year after his 5 year term was up. Is that not right, or what? It seems to me if they wanted to revoke him they would of done so during those 11months he was being held on the new case? What can I do? Because his new probation had to revoke him simply because he got arrested, so that makes 2 revocations and 2 no bonds.....HELP!!!!!
1 Answer from Attorneys
No, that does not sound right. The Motion to Revoke or Adjudicate needs to be filed before the end of the probationary period, or there is a due diligence problem on the part of the State.
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