Legal Question in Criminal Law in Texas

I was on probation for a federal DWI. during the period of probation i was stopped and suspected of another DWI. I spent the night in jail and when i went to court they dismissed the case. Probabtion from my orginal case says i violated for comitting another offense. Is this true, since it was dismissed? It seems they had no grounds to revoke, however the judge is said to have reviewed the enitre case and still issued warrant. Do i have no shot at over turning revocation?

Revocation hearing date set and although i thought i ok since the state retracted case. what happened to innocent until proven guilty. How can they say becasue i was investigated it was a violation?


Asked on 10/05/09, 7:09 pm

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

Review the conditions of your probation. If the condition is not being convicted of another offense you have a great case. If the condition is not being arrested, you have a problem.

If the condition is not committing another offense, they will have to prove that you committed the offense. You can use the dismissal as evidence at the revocation hearing..

Probation is a contract. If you do not violate the conditions, you stay out of jail. If you violate the conditions, probation can file a motion to revoke and impose the sentence.

You need to get a lawyer to represent you.

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Answered on 10/12/09, 12:14 pm


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