Legal Question in Criminal Law in Texas

Re: felony criminal mischief

You have a very interesting argument that I have fought many times. In order for the State to revoke you they must first do two things.

First, they must file a motion to proceed to final adjudication (a motion to revoke your probation).

Second, they must obtain a warrant for your arrest during the term of your probation.

Even after both of those are met then they have to use what is called due diligence to revoke your probation. You actually move the burden of proof to the state to prove that they haven't just been sitting on their hands. What they must show is that they sent mail to your home and made attempts to arrest you.

The defense comes from the Code of Criminal Procedure Article 42.12 section (24-25).

Their is a case out there that outlines this defense very well and it is called Peacock v. State.

So, you need to hire and attorney that knows what he/she is doing in regards to probation revocations.

If the attorney you hire isn't familiar with this defense you could possibly be going to State Jail for up to two years serving a day to day sentence. I tell you day to day because there is no good time in State Jail Felony cases.

I do wish you the best. Hire a good lawyer to review your file talk to your probation officer and determine if this defense is something that can be used for your case.

Sincerely,

Erick Platten

PLATTEN LAW OFFICE

STATE WIDE REPRESENTATION

9035939100 OFFICE

9035708248 MOBILE