Legal Question in Criminal Law in Texas
What can happen if my brother violated felony probation of a controlled substance? It was a 2 year term. It's his first time but he was already in drug court here in the state of Texas. They are talking about a 6 month lock down rehab facility, and 1 year drug court after he is released to drop his felony to a misdemeanor possibly. Does he have any other options? If he denies the deal, is it straight day for day in prison?
Asked on 7/01/12, 4:59 pm
1 Answer from Attorneys
Cynthia Henley
Cynthia Henley, Lawyer
He needs to talk with a lawyer. The options depends on the facts of the underlying case, his actions on probation other than the violation you mention, the judge's attitude, etc.
It cannot be dropped to a misdemeanor. The time for doing that was before he pled guilty in the first place.
Answered on 7/18/12, 5:01 pm
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