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Getting a probation violation Warrant recalled by the DA

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inurok

Junior Member
My boyfriend is in the process of having his probation transferred from Texas to
Delaware. While in process we had a fight a he got arrested for Domestic Violence in DE.
His PO in Texas filed a warrant for the violation. He advised him if all the charges
were dropped he would request the District Attorney to recall the warrant. All charges were dropped
and he just sent the request to the Texas DA to hopefully recall the PV. Does the district attorney normally
honor such requests from the probation officer or are chances slim? Thank you
 


HighwayMan

Super Secret Senior Member
The warrant can be vacated by either a judge or the originator of the warrant. I don't think the DA can do it.
 

CavemanLawyer

Senior Member
The warrant can be vacated by either a judge or the originator of the warrant. I don't think the DA can do it.
A Judge has no authority to vacate an arrest warrant without a motion from the district attorney's office to withdraw the motion to revoke probation (which will in turn recall the warrant.) And on a warrant for a probation violation the originator of the warrant IS the District Attorney's Office.

inurok the answer to your question is fact specific, case specific, DA's office specific, probationer specific and even prosecutor specific. The burden of proof on a probation violation is much lower than what is required for a criminal prosecution so they certainly can proceed even though the case was dismissed. There are way too many variables to know so he just has to wait.
 

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