Legal Question in Criminal Law in Texas
I was wondering if a person had a probation warrant out for them and the police picked them up how long would he have to serve in jail? (Plus they didn't finish community service hours or pay probation fees.)
2 Answers from Attorneys
It depends. If the court revokes the probation, the judge will decide upon a sentence which could be up to the amount of the original sentence. The judge may deny the motion to revoke, and perhaps alter the conditions of probation. It is also possible the judge could terminate the probation unsatisfied. As I said, it depends.
It depends, on the level of the offense and the type of probation.
If it is regular probation, the max. sentence would be the sentence probated by the Court. If it was deferred adjudication, then the Court has the ability to sentence up to the max. for that level of crime. For example a Class A misdemeanor has a punishment range of up to one year in jail and/or a $4000.00 fine.
It also depends, after the person is in jail the prosecutor may offer a reduced sentence/or may agree to keep the person on probation or add more probation time.
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