Legal Question in Criminal Law in Texas
About a month ago me and my wife got into a fight I kicked her she pushed me and she called the cops on me so I went to jail for domestic violence ,I was in probetion because of tickets that I had for driving without a licence ,me and my wife we both still want to be togheter and fix our diferences but now my probetion officer wants to put me in jail and I'm worried because I'm the household of my house and I can't lose my job because I need to support my family what can I do??
1 Answer from Attorneys
Driving without a license is a class C misdemeanor for which you can only get a fine. You must mean you were on probation for driving while you license is suspended, for which you could get up to 6 months in jail.
It is not up to the probation officer what to do, although they will have a say in it. Hire a lawyer who can argue that these two types of cases are so different that they should be treated separately. You have essentially confessed to the assault case so perhaps your lawyer can get you another probation for this offense. But remember, if it happens again it is automatically a felony (and once a person has called the police on another, it is much easier the second time - my experience tells me.)
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