Legal Question in Criminal Law in Texas

If my husband left the state he was on probation in, but hasnt been back for 5 years, what can they do if they are alerted & catch him in THIS state? Is there a statute of limitations on time they have? It was his first offense and it was a victimless crime. He had a horrific PO that wanted to see him fail as well. He tried several times to get his probation moved to this state because he had no way of supporting us and no family to assist him. Since being here, he has no trouble, is clean and sober but he is tired of constantly looking over his shoulder...please tell me what should we do. Is it as simple as paying off the offices in that state or is it alot more complicated than that. We have family here that says if it will keep him out of jail so he can raise his kids, they will give him financial support to do so. We just need to know what steps to take because once the cat is out of the bag theres no putting him back in!!!


Asked on 8/03/09, 11:14 am

1 Answer from Attorneys
TC Langford Langford Law Office

The statute of limitations is tolled when the defendant is out of state, so that is not a material issue here.

He needs a lawyer in the originating state, and a lawyer here, to coordinate his surrender and revocation. It may be possible to get probation reinstated and transferred, but it will not be easy or cheap. In the interim he will need to surrender, and hopefully his lawyer will be able to get a reasonable bail set in the interim. Probation revocations are sometimes denied bail, particularly if they have demonstrated a tendency to flee the jurisdiction.

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Answered on 8/07/09, 8:52 am


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