Legal Question in Criminal Law in Texas

Help needed...questionable probation violation

for the last 2 years i have had felony dwi case pending. i have been on bond condition as i have been waiting for outcome. The DA out of Tarrant county was stuck on two year TDC offer up until yesterday. Unexpectedly they offered ten years probation. I signed for it and immediately was asked to report to probation and submit to a UA. The night before i had been drinking 5 beers and 2 mixed drinks and i'm afraid the UA will come up positive. I submitted the UA around 2:00 pm, my last drink was probably around 11:00pm the night before. My question is...would the probation department out of Tarrant County violate me and if so, what should i do? Would they violate on first positive UA? Is there anyway to avoid getting sent to prison over this situation? Also is it possible for me to go back to court and ask for the original sentencing for the two years TDC that was originally offered to me?


Asked on 6/13/09, 7:42 pm

2 Answers from Attorneys
Ruben Gonzalez Ruben Gonzalez, P.C.

Re: Help needed...questionable probation violation

First, you need to contact your attorney to discuss your options. He/she will know the judge's temperment and will then be able to advise you; most of the felony (district) court judges will give you a break but you will have to give some periodic UAs to prove you are clean. If however, the Court was under the impression at the time of the plea you would be clean and now you are reporting you will not, then I expect the Court will probably have some more questions. DO NOT attampt to speak with the Court or your probation officer on this topic without your attorney. Contact him/her if you feel there is a possibility you will be questioned.

Read more
Answered on 6/15/09, 6:17 pm
Robert Tuthill Law Office of Robert H. Tuthill

Re: Help needed...questionable probation violation

I believe I already answered this question. I assume you are worried because a condition of your probation would be no drinking, right? Did you drink while on probation? No.

I think the odds of getting violated are very very small.

Read more
Answered on 6/13/09, 8:20 pm


Related Questions & Answers

More Criminal Law questions and answers in Texas