Legal Question in Criminal Law in Texas

possible probation violation.. pls!!! HELP!!

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, 12:35 pm

1 Answer from Attorneys
Robert Tuthill Law Office of Robert H. Tuthill

Re: possible probation violation.. pls!!! HELP!!

Did you drink while on probation? Doesn't sound like it. So what condition of probation are you thinking they will revoke you on? Might get mad at you and toss you in jail for a few days to sober you up, but I don't think they have a leg to stand on in terms of trying to revoke you.

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Answered on 6/13/09, 1:12 pm


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