Legal Question in Criminal Law in Texas

My wife is on felony deferred adjudication, she has all her fines paid and requirements completed. Last month, she was arrested for public intoxication in another county, she was asked to come to the probation office 3 days ago and they arrested her for violation of probation with a motion to adjudicate. I was informed that a hearing would be set within 2 weeks, my question is, will she be released at this hearing? will she be appointed a public defender? Will they be able to prove a violation if the P.I. case is dropped?


Asked on 8/30/09, 2:22 pm

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

She needs a lawyer. It sounds like the filed an MTR because of the PI arrest. If her probation was not terminated when she was arrested, the PI charge arrest was a violation of her probation.

Even if the PI case is dropped, it is the fact that she was arrested that is a violation of her probation.

At the hearing the judge can revoke the probation or continue her on probation.

She needs an attorney to argue on her behalf.

Good Luck

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Answered on 9/04/09, 8:15 pm


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