Can my PO revoke me because he doesn't like my room mate? TEXAS

[robbierotx]

Can a probation officer have your probation revoked because he does not like the person you live with. My roommate was on probation 2yrs ago and had the same PO. They didn't get along he would be very disrespectful and so my roommate had cursed him out a little. So the PO sent a motion to revoke his probation. My roommate lawyered up and his lawyer got the rest of his probation taken off, 8months. Well he is not on parole, or probation nor is he a felon, but my PO has been very persistent on me moving out of here and into a men's home. They have a warrant now for my arrest motion to revoke? Can they do this to me, can I do anything, thanks. What is the name of your state (only U.S. law)? Texas

 

[CdwJava]

The PO's job is to help you complete your probation successfully. If he can articulate some reason why your living conditions are not conducive to your recovery and reintegration into society as a productive citizen, he can seek to have your probation revoked.

Perhaps you should consider working with him on a new living condition rather than insisting on residing with someone who may not be good for you.

 

[dave33]

Can a probation officer have your probation revoked because he does not like the person you live with. My roommate was on probation 2yrs ago and had the same PO. They didn't get along he would be very disrespectful and so my roommate had cursed him out a little. So the PO sent a motion to revoke his probation. My roommate lawyered up and his lawyer got the rest of his probation taken off, 8months. Well he is not on parole, or probation nor is he a felon, but my PO has been very persistent on me moving out of here and into a men's home. They have a warrant now for my arrest motion to revoke? Can they do this to me, can I do anything, thanks. What is the name of your state (only U.S. law)? Texas

Your probation officer has total and complete control. To answer your question, yes they can and they are "doing this". What you can do (basically your only option) is go to the violation hearing and explain the situation to the judge. There is no way for me to know all of the circumstances involved in your situation, so you may way to consider a plea deal if one is offered. It is very easy to lose at a violation hearing without even being accused of breaking any laws. goodluck.

 

[davew128]

Your probation officer has total and complete control.

Umm, no he does not.

To answer your question, yes they can and they are "doing this". What you can do (basically your only option) is go to the violation hearing and explain the situation to the judge. There is no way for me to know all of the circumstances involved in your situation, so you may way to consider a plea deal if one is offered. It is very easy to lose at a violation hearing without even being accused of breaking any laws. goodluck.

Please explain what kind of plea is offered at a probation violation hearing? If the OP doesn't stand accused of violating his probation and there is nothing in the standard terms of probation regarding who he lives with, this hearing will be very short.

 

[dave33]

Umm, no he does not.

Please explain what kind of plea is offered at a probation violation hearing? If the OP doesn't stand accused of violating his probation and there is nothing in the standard terms of probation regarding who he lives with, this hearing will be very short.

He sure does.

The o.p said there is a warrant for his arrest. That would be for a violation hearing. In almost all violation hearings a deal is offered because the judge has within his discretion to give you all of your probation/suspended time to serve. Also, almost nobody chooses to actually go through with the hearing because the burden is so low on the state (preponderance).

The o.p. has been accused of violating his probation and a warrant has been issued. He is in a very bad situation and hopefully will be given another chance. If the o.p. wamts to insist on pleading not guilty and go to the violation hearing, statistically he will almost certainly lose. No law needs to be broken and nothing specific needs to be violated. The judge may determine he was not of good behavior and find him guilty. Whenever anyone is on probation that puts that individual in a very, very weakened state as far as the courts go. When a situation has gotten so far that a persons probation is violated than you are at the mercy of the court and stand almost no chance of being found not guilty. Many people may have their own ideas and some may find a specific case that disagrees with me on the matter but almost everyone whom has been in this situation soon realizes the reality of the situation.

 

[CavemanLawyer]

A common condition of probation is to abstain from associating with disreputable people and to avoid injurious habits, which includes associating with disreputable people. It is a very broad and nondescript condition. It is pretty clear through caselaw that it applies to people who are committing crimes but it can include just about anyone if it can be articulated well enough and proven. Just associating or living with someone that the Probation officer doesn't like would never be enough, but you can bet the motion to revoke probation will articulate much more than that. It may be possible that there are other technical violations alleged as well. If a motion to revoke probation has already been filed then that means the allegations were enough for a prosecutor to sign off on it. You will just have to turn yourself in or wait to get arrested to see exactly what they are alleging. (unless you can access your county's records online, or you have someone go read the motion in the clerk's file for you.)