Legal Question in Criminal Law in Texas
My son is in jail on a MTP. He has been there since Sept10 and went to court on Nov 1. They offered him 6 months boot camp and 10 years probation or 2 years TDCJ from the bench. When he declined they reset his hearing for November 29 and he still has not bond. Is there fair? He was on deferred adjudication for 4 years how did it go up to 10?. What can I do to help him. The judge knows him from juvenile and I think she has it in for him and they are trying to pend other charges on him that an ex girlfriend has informed them he did not do to her.
1 Answer from Attorneys
You said that he was on deferred for 4 years so there are two possibilities - he was on deferred, screwed up and they adjudicated him and now he is on straight facing a motion to revoke probation. If that is true, then the maximum is the number of years he is on probation. OR, he is on deferred and facing a motion to adjudicate. If he is on deferred adjudication probation, then it is a motion to adjudicate, not to revoke, and the potential is that if he is adjudicated, he can receive up to the maximum for the offense for which he is on deferred.
If he violated and refused the offers, then the judge, after a hearing, will decide by a preponderance of the evidence (slight tip to the scales) if there is evidence he violated. If he finds such evidence, then the judge will likely revoke your son and put him in prison since your son turned down the opportunity to stay on probation and do boot camp as a condition.
BTW, 2 years in prison is the minimum on any felony case so he was offered, and turned down, the minimum. If in fact he has violated, then he will more than likely get MORE than 2 years (and not have the chance of the continued probation with boot camp because his attitude).
The judge does not likely "have it in for him". If your son has violated the terms of probation - be it straight or deferred - then that his his fault, not the judge's. And, if your son has a juvenile record, sounds like he does not follow the rules.
How can you help? Ask his lawyer but probably the best help you can give him is to encourage him to take the continued probation with boot camp IF it is still available.
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