Legal Question in Criminal Law in Texas
Last year, my best friend lived in Hood County, Texas and was arrested for an empty bag/trace charge. In March of this year, he became my husband. I live in Bosque County, Texas which is obviously his home now too. In April, he was sentenced to six months at SAFP in Breckenridge with sixty to ninety days in a transition house to follow completion of the program. Today, the SAFP staff/counselors recommended he be allowed to complete the four c's program and home and bypass the transition house. I am a nurse of seventeen years, we have a four bedroom home in the country, and he already has several jobs waiting on him in Waco on release. He has a family and home to come to. His Hood County probation officer denied that recommendation and stated he would do the full ninety days in the transition home. Since he now lives in Bosque County, how can I get his probation transferred here and appeal the Hood County's probation officer's refusal to allow the four c program.
1 Answer from Attorneys
They only way around the decision of the probation officer is to hire a lawyer to talk with the judge. The lawyer will need to have the recommendations of SAFP counselors and an argument as to why your husband should receive different / special treatment. There is no "appeal" from the decision of the p.o. - just to get the judge to overrule the decision, if possible.
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