probation in Oklahoma arrested for dui in Texas

[ZuZu]

What is the name of your state?Texas

My nephew is on probation in Oklahoma for dui. He recently flunked a drug test. His PO told him he must start counseling in Ok.

He comes down here to Tx about a week ago. Was arrested here Friday nite for dui. The county attorney will file on him this week here in Tx.

His PO had no idea he left the state. He still has 2 years left on probation in OK. He knows he's in big trouble but where? Will Tx send him back to Ok, or should he go back to Ok and come clean? Thanks Any advice is appreciated.

[Kane]

He's in trouble in both states. OK will (most likely) revoke his OK probation, and TX will file charges of its own. They're two separate cases.

I don't know of any easy way to resolve his problems. A TX lawyer isn't likely to be able to help him in OK, or vice-versa.

Since his OK problems are only going to get worse the longer he stays out of state, I'd encourage him to go back to OK and start his counselling. Either they'll find out about the TX DWI, or they won't, but either way he's just making a bad situation worse by hiding out in TX.

Hire a lawyer to deal with the DWI in TX. If he winds up going to jail in OK over the probation violation, let the TX lawyer know, and make sure to get a "letter of incarceration" (or whatever it's called in OK) showing exactly what days he was in jail there. His TX lawyer may be able to apply OK jail time to the TX DWI. It's not automatic, but it's possible.

[seniorjudge]

Originally Posted by ZuZu

What is the name of your state?Texas

My nephew is on probation in Oklahoma for dui. He recently flunked a drug test. His PO told him he must start counseling in Ok.

He comes down here to Tx about a week ago. Was arrested here Friday nite for dui. The county attorney will file on him this week here in Tx.

His PO had no idea he left the state. He still has 2 years left on probation in OK. He knows he's in big trouble but where? Will Tx send him back to Ok, or should he go back to Ok and come clean? Thanks Any advice is appreciated.

He should surrender in OK when TX lets him go.