Legal Question in Criminal Law in Texas
I am the victim of a violent crime...the "perp" got away with a slap on the wrist. Probation. Jury trial has been set for May for a MTRP after he violated the protective order for me. Will he finally go to jail??
3 Answers from Attorneys
There are no jury trials on motions to revoke; it is up to judge and judge only. Because the offense that violated his probation is yet another offense against you, I'd say there's a good chance that jail/prison time is on the table. It will, of course, depend on the actual violation, but if it was something serious like threatening or harassing you, then it's not looking good for him.
While there is no jury trial on a motion to revoke, it sounds like there is going to be one on the new charge that triggered the MTR. If there are enough violations of a protective order, the offense can be enhanced to a felony. Of course it is still possible that he could get probation on this one as well.
You will likely be called to testify about the law violation with regard to the motion to revoke, and if there is a trial on the new charge, you will have to testify then. You need to make your feelings known to both the prosecutor and the judge. While how you feel is not the final say in the matter, most of the time where the accused is a repeat offender against the same complainant, this is a major consideration. Your safety is of big concern and he is demonstrating that he is a danger to you.
If he continues to have any contact with you, make sure you call the police every time and keep a list of the contacts. Escalating behaviors indicate danger and you need to protect yourself.
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