Legal Question in Criminal Law in Texas
Probation question
Son, age 18, is on probation for 1 yr for poss of CS. In addition to prob fees, TDOEP classes, crime stoppers fees, random UA, and court fees, he was ordered a D&A Eval. Recommendation was IOP and SOP which is approx 52 intense outpatient program classes at a cost of $50 PER class. What happens if he cannot financially afford to complete these classes? He will take 4-6 classes per week (costing $200-$300 per week) I was told this would be violation of probation. If so, would he face the 10 days of jail time originally offered when he took the probation or would the judge order more than original jail time because he violated the probation? We are so strapped financially that he is considering turning himself in and going to jail but as a mom I am scared for my son. (We are in Harris County, Court 4, Judge Anderson)
4 Answers from Attorneys
Re: Probation question
Generally, when a defendant agrees to probation, that defendant agrees to specific terms of probation in lieu of going to jail. The defendant's failure to complete the terms of probation, might lead to the defendant being ordered into jail by the judge. This is due to the defendant not complying with the judge's order. If my law firm can assist you with this legal issue or any other legal matter, please contact my legal assistant Jennifer ([email protected]).
Re: Probation question
Hello there,
If he cannot afford the classes he will be in violation of his probation and he can be revoked and placed in the county jail for up to one year.
What should be done if he cannot afford the classes is file a motion to set a hearing bringing up the problem with not being able to afford the classes.
At least make this a part of the record before his probation officer revokes his. If you cannot afford an attorney, just write a letter and put his cause number on it and file it with the clerk of the court. That way it will be a part of his file and can be used as some form of a defense for failure to attend the classes.
If my office can be of any further assistance please feel free to contact us.
Sincerely,
Erick Platten
PLATTEN LAW OFFICE
STATE WIDE REPRESENTATION
9035939100 OFFICE
9035979106 FAX
Re: Probation question
Hello there,
If he cannot afford the classes he will be in violation of his probation and he can be revoked and placed in the county jail for up to one year.
What should be done if he cannot afford the classes is file a motion to set a hearing bringing up the problem with not being able to afford the classes.
At least make this a part of the record before his probation officer revokes his. If you cannot afford an attorney, just write a letter and put his cause number on it and file it with the clerk of the court. That way it will be a part of his file and can be used as some form of a defense for failure to attend the classes.
If my office can be of any further assistance please feel free to contact us.
Sincerely,
Erick Platten
PLATTEN LAW OFFICE
STATE WIDE REPRESENTATION
9035939100 OFFICE
9035979106 FAX
Re: Probation question
Hello there,
If he cannot afford the classes he will be in violation of his probation and he can be revoked and placed in the county jail for up to one year.
What should be done if he cannot afford the classes is file a motion to set a hearing bringing up the problem with not being able to afford the classes.
At least make this a part of the record before his probation officer revokes his. If you cannot afford an attorney, just write a letter and put his cause number on it and file it with the clerk of the court. That way it will be a part of his file and can be used as some form of a defense for failure to attend the classes.
If my office can be of any further assistance please feel free to contact us.
Sincerely,
Erick Platten
PLATTEN LAW OFFICE
STATE WIDE REPRESENTATION
9035939100 OFFICE
9035979106 FAX
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