no time:

[Starsamroxy]

What is the name of your state (only U.S. law)?
Texas ( dallas County)
Okay, so my situation starts like this .. i was with a EX Bf we were walkin down the street and he had 4 grams of coke and 4 pounds of pot and zanax .. we got stopped like a Idiot i claim the drugs ( but they were physically on him)
so i got charged with it..
I was put on probation for possession of 4 pounds of weed and with intent to deliver on the coke. .
so my probation exspires in july 09 i havent had any violations.
Trouble is i havent done any of my 400 hours of community service and i have 2800$ fine to pay so...really the drugs were not mine and i plead no contest ... i would like to withdrawl my plea but i dont think its a option for me.. i beleive my probation is defferred and .. My probation papers say that i had to have the community service done in july 08? its march and im hoping for a miracle ..
Would they just make me serve the remainder of my sentence or lock me up for 5yrs?

 

[Antigone*]

What is the name of your state (only U.S. law)?
Texas ( dallas County)
Okay, so my situation starts like this .. i was with a EX Bf we were walkin down the street and he had 4 grams of coke and 4 pounds of pot and zanax .. we got stopped like a Idiot i claim the drugs ( but they were physically on him)
so i got charged with it..
I was put on probation for possession of 4 pounds of weed and with intent to deliver on the coke. .
so my probation exspires in july 09 i havent had any violations.
Trouble is i havent done any of my 400 hours of community service and i have 2800$ fine to pay so...really the drugs were not mine and i plead no contest ... i would like to withdrawl my plea but i dont think its a option for me.. i beleive my probation is defferred and .. My probation papers say that i had to have the community service done in july 08? its march and im hoping for a miracle ..
Would they just make me serve the remainder of my sentence or lock me up for 5yrs?

Why on earth did you wait so long? You have a little over 12 weeks to do your community service. If I were you I'd be at my local animal shelter's door and begging to clean pens, walk dogs, pick up poop...whatever. With regards to your fine, get a loan.

There is no way you will be allowed to withdraw your plea. If you don't finish your hours or pay your fine, be prepared to lose your freedom.

 

[Starsamroxy]

thanks

i appreciate your response. i will definitley be working on my community service in order to help my case.

 

[lifeandthelaw]

Community service and the fine were part of your sentence - by not fulfilling those obligations, you have violated the rules and regulations of your probation. As a probation violator, you can be sentenced up to the entire five years in prison (if that is what your sentence was handed down as).

Now ask yourself - having served some period of time (I would assume years) on probation with regular drug screens, appointments with a probation officer, ect., ect. and all of the other hassles of probation - why is it only now with four months left until the end of that probation that you inquire as to what will happen if you don't complete your community service and pay your fines? Can you truly imagine having spent those years on probation only to be placed in jail for five more, all because you could not be bothered to complete community service or repay a fine?

The time on probation does not traditionally subtract from the sentence which is hanging over your head. The judge has discretion as to how much of that five years he enforces on you; perhaps if you START TODAY, you could ask for an extension of your probation to allow you to complete these tasks rather than being placed in jail.

I wish you luck in all of your endeavors. Please remember ~ nothing I have said here should be construed as legal advice or the beginning of a attorney-client relationship. I am simply relaying my personal observations and not offering advice for your particular situation.

 

[CavemanLawyer]

Probation is partly to blame here too, even though obviously the burden to complete your obligations lies on you. You are usually required to do 16 hours per month minimum and the fine should have been divided over the period of probation, so when you started to fall into arrears probation should have either filed a motion to revoke or request an administration hearing to modify your probation. Now its coming down to the wire and the only option for you to complete your probation is to extend your probation period. That is certainly an option. They could file a motion to revoke and try to sentence you to prison, but judges don't typically do that just for community service and arrears. Talk to your probation officer and find out his/her intentions. They may tell you something like do X amount of community service and pay X amount of money and we'll just full term you and let you go. If they intend to file a motion to revoke, start looking into getting an attorney.

The marihuana charge would only be a state jail but 4 grams of cocaine with intent to deliver would be a first degree felony. If you are on deferred that means the range of punishment is 5 to 99 years or life! You need to double check your paperwork and see exactly what degree of offense you are on because that makes a huge difference.

 

[Starsamroxy]

i appreciate this

i reallly hope i can get a extention .. im almost positive thats its a defferred adjudification .. but im just not sure to be honest .. my probation papers say that my community service should of been done no later than july 08 ..the terms of my defferred adjudification were never exsplained to me .
i need to hire a laywer i took these charges and the drugs were really not mine i dint have any drugs on me.. do they even extend defferred probation?
im so scared because i have a 1yr old child and im doing great in my life right now..if anyone knows if i could possiably get a extention on defferred adjudification probation thats exspiring in july 09 please let me know?

Im so glad i found this site...

 

[CavemanLawyer]

Yes deferred adjudication community supervision (probation) can be extended for up to 10 years. They can either either extend it without adjudicating or they can adjudicate you which basically means you start probation all over again but are now convicted. Your attorney should have explained the conditions of your probation to you before you plead but in any case you were surely given a copy of your probation conditions and you are expected to ask your probation officer if you have any questions.

There is zero chance of you withdrawing your plea now. You waived all but constitutional error by pleading in the first place and had to admit your guilt in order to accept the probation. You have to live with that decision.

 

[Starsamroxy]

life saver

i feel so much better about my situation.. i looked on the internet for weeks for advice on this. Thanks.
I have a 1 yr old son that is my whole life. i hope to god that they decide to extend my probation..i have never been in any trouble and the police report even says that the drugs were not found on me.. my attorney gave me a piece of paper after the court hearing that had my probation terms on it and said " oh yea, your on defferred.." and he wrote defferred on the probation terms.. does that even count..?? i was so young and STUPID and NAIVE .
thank you for all your help .. it means so MUCH!!

 

[Starsamroxy]

oh..

and i have one more question .. when my probation officer sends my file back to court.. do i get arrested? what happens when im violated?

 

[I_Got_Banned]

the drugs were not found on me..

You have mentioned that in (almost) every post of yours.

But seriously, how does that affect the fact that you slacked around for 4 and 1/2 years and now that the 5 year period is almost up, panic settles in and it "beat the clock" time.

I wish you luck in all you do; You'll get through all of these challenges somehow... But looking back and realizing that you didn't do what was in the best interest of your baby, that, you will never ever live down.

Get your butt in gear... Its not just about you anymore!

Good luck!!!