Legal Question in Criminal Law in Texas
My daughter was sentenced 4 years probation for UUMV, then she violated her probation and was sent to a court ordered rehab. She left without permission and was recently picked up and is awaiting court for absconding and violation of probation. Her probation officer says they will probably send her back to rehab for 1 yr then add another year of probation to the current 4 yrs. Can she request to serve her time in state jail and how much time would she probably have to serve?
1 Answer from Attorneys
She can decline to sign the amended conditions of probation if they try to amend them to send her back to rehab and add another year of probation. If she does that, then the judge will have no choice but to send her to state jail. The maximum time, which is what she would likely get if she refuses the judge's attempts to help her overcome her drug addiction, would be 2 years. In state jail a person serves their sentence day for day.
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