Probation violation-two different counties

[karolyn]

What is the name of your state (only U.S. law)? Texas

I am currently on probation for DWI in one county and was arrested in another county for DWI. I have thus violated the conditions of my probation by drinking alcohol. Since the offenses were in two diffent counties what scenario am I looking at regarding the violation? From research I have gathered that a Blue Warrant will be issued. Since I am in two different counties I am curious as to how this will work out. Will I be arrested and sent to the original county where my probation was violated to await my hearing or will they arrest me and keep me in my current county to await the hearing?

 

[ERAUPIKE]

What is the name of your state (only U.S. law)? Texas

I am currently on probation for DWI in one county and was arrested in another county for DWI. I have thus violated the conditions of my probation by drinking alcohol. Since the offenses were in two diffent counties what scenario am I looking at regarding the violation? From research I have gathered that a Blue Warrant will be issued. Since I am in two different counties I am curious as to how this will work out. Will I be arrested and sent to the original county where my probation was violated to await my hearing or will they arrest me and keep me in my current county to await the hearing?

You will be prosecuted for VOP in your original county. You can expect that warrant to be issued and served soon. A violation of your probation is not only a direct insult to the judge and to the court in which you are convicted, but it will also ensure that no judicial body will ever cut you any legal slack in the future.

 

[CavemanLawyer]

The warrant will issue for the probation violation out of that county and you will be arrested and taken there. If you make bond you will just have to appear at the court settings in each county until both cases are disposed. If you fail to make bond then you will remain in that county's jail unless the other county needs you for something in which case you will be bench warranted to that county. You could theoretically be bench warranted back and forth for each setting. Practically, they should proceed on your violation first since it is a much lower burden of proof but it also depends on the scheduling of the different courts.

 

[dave33]

You will be prosecuted for VOP in your original county. You can expect that warrant to be issued and served soon. A violation of your probation is not only a direct insult to the judge and to the court in which you are convicted, but it will also ensure that no judicial body will ever cut you any legal slack in the future.

I am sure he will be prosecuted, but damn... I am not so sure about the rest. The recidivism rate is so high that I believe judges have become immune to getting personally offended. Maybe a little annoyed at most. There is probably several hundred thousand people who have been sentenced to probation several times. Texas is pretty big I think the judges expect a violation at this point.

 

[dave33]

You should be brought back to see the same judge that gave you probation. Although, if a private attorney is within your means they could prove to help in more ways than one. At least in my state the courts allow a private attorney to consolidate the cases to one county. I am sure a reason must be given such as a scheduling conflict or something of that nature. It's pretty much a formality. However, of course things are done differently in Texas. Something you might want to ask a lawyer especially if it's a long commute. goodluck.

 

[ERAUPIKE]

I am sure he will be prosecuted, but damn... I am not so sure about the rest. The recidivism rate is so high that I believe judges have become immune to getting personally offended. Maybe a little annoyed at most. There is probably several hundred thousand people who have been sentenced to probation several times. Texas is pretty big I think the judges expect a violation at this point.

If the recidivism rate was as high as you claim that might be true. Texas actually carries one of the lowest according to many studies I've come across.

 

[dave33]

I just do not have a lot of faith in the system. The system and the people in it. Lots and lots of drug issues and that success rate is not good anywhere. Also people who have chosen a life of crime. Maybe in a few instinces jail has turned some lives around, but I believe the majority see jail as a way of life. Something that must be endured to continue doing what they want.

The studies and statistics are suspect at best. No conspiracy theory. One example that comes to mind in my state is the statistically proven excellent parole system.
If you are given a 3 year sentence you go up for 1st shot parole in 1 year. You are granted parole with a 1 year release date. So, you leave in 2 years on a 3 year sentence. Wrong. You get 15 days a month "goodtime". So you actually complete your sentence in 18 months. It goes on paper as "parole granted" and "no parole violation" at the end of your sentence. Success!

That is just one over- simplified version. The prison systems are huge with a lot of stuff going on. There are many studies, but I believe they are mostly $ related. Certain things must happen in order to recieve a certain amount from the feds. In this context I do not feel comfortable accepting prison stats.

Although I have never been to Texas so I could just be a babbling idiot.

 

[CavemanLawyer]

At least in my state the courts allow a private attorney to consolidate the cases to one county. I am sure a reason must be given such as a scheduling conflict or something of that nature. It's pretty much a formality. However, of course things are done differently in Texas. Something you might want to ask a lawyer especially if it's a long commute. goodluck.

You can't consolidate cases from different counties in Texas. A retained attorney can represent you on both cases independently and work out a package deal if the respective prosecutors in each jurisdiction agree and communicate with one another. You can then go to each county and plead on each case.

It is also possible to do a plea in absentia to a probation revocation if you are on straight probation. So you could theoretically plead to both cases in one court in one county, but you still have to work the deal out in advance in the other county.

 

[ERAUPIKE]

I just do not have a lot of faith in the system. The system and the people in it. Lots and lots of drug issues and that success rate is not good anywhere. Also people who have chosen a life of crime. Maybe in a few instinces jail has turned some lives around, but I believe the majority see jail as a way of life. Something that must be endured to continue doing what they want.

The studies and statistics are suspect at best. No conspiracy theory. One example that comes to mind in my state is the statistically proven excellent parole system.
If you are given a 3 year sentence you go up for 1st shot parole in 1 year. You are granted parole with a 1 year release date. So, you leave in 2 years on a 3 year sentence. Wrong. You get 15 days a month "goodtime". So you actually complete your sentence in 18 months. It goes on paper as "parole granted" and "no parole violation" at the end of your sentence. Success!

That is just one over- simplified version. The prison systems are huge with a lot of stuff going on. There are many studies, but I believe they are mostly $ related. Certain things must happen in order to recieve a certain amount from the feds. In this context I do not feel comfortable accepting prison stats.

Although I have never been to Texas so I could just be a babbling idiot.

A more correct statement would be that you only accept prison stats that you provide. An example being, the one you just provided. Your final statement has been proven correct many times.

 

[dave33]

A more correct statement would be that you only accept prison stats that you provide. An example being, the one you just provided. Your final statement has been proven correct many times.

I mention that stat as a general idea as to how complicated stats get manipulated. You seem to research things but have no practical knowledge.
You can find any report you want but it is only useful if the reality is the same.

I do not think anyone would accept the stat you proposed. You have no idea who or why or with what influence that study was done. Apply some practical knowledge to research and eventually you may come across something useful.
If you have no practical knowledge everything you say is less than a guess.

 

[ERAUPIKE]

You are incorrect again Dave, I didn't cite a statistic. I stated that many, meaning more than one study, studies I have read have ranked Texas as a state with a low recidivism rate. You argue that my statement is incorrect because you believe the studies, that you have never seen, are biased. In fact, you go so far as to assume what knowledge I do and do not have about these studies you have never seen. Now, in your honest opinion, who seems more like the ignorant one here?

 

[dave33]

I wouldn't go so far to say ignorant in either case.

I would simply say no study could accurately proclaim success.
Maybe a team of studies after years of review.

 

[ERAUPIKE]

I wouldn't go so far to say ignorant in either case.

I would simply say no study could accurately proclaim success.
Maybe a team of studies after years of review.

It was a rhetorical question Dave, you are the ignorant one.

 

[dave33]

Just trying to be courteous and respectful of other peoples view.
Something that escapes you often.

Did you get picked on in school?

This whole pompus attitude hiding behind a computer is ridiculous.

You are a senior member, has anyone ever said "thanks for the reply" or
"you were a help". If not maybe you would be appreciated somewhere else.

 

[ERAUPIKE]

Just trying to be courteous and respectful of other peoples view.
Something that escapes you often.

Did you get picked on in school?

This whole pompus attitude hiding behind a computer is ridiculous.

You are a senior member, has anyone ever said "thanks for the reply" or
"you were a help". If not maybe you would be appreciated somewhere else.

Were you being courteous and respectful when you stated I had no practical knowledge of the legal system?

No, I was very popular but that was quite a long time ago. I try to not live in the past though.

Who is hiding? I would be happy to tell you were ignorant in any setting that we happen to debate another topic in, this happens to be the medium we interact over. How is your post any different than mine? Have you been introduced to Mr. Kettle?

People thank me at times. Those people are often not the people that come here and post invalid opinions and legal fallacies ad nauseum. Perhaps you should find a new hobby, you don't appear to be any good at this one.

I will give you the chance to explain your side of the argument. I will help you out by providing a few questions you can answer or use to examine your arguments logical basis.

Why is it that any study that agrees with my point of view is incorrect but any study you use to support your ideas are right?

What does the recidivism rate of state prisoners have to do with the sentencing of a DUI offender?

Why do you state I have no practical knowledge? Is it because I simply don't agree with you?

How do you know what information I have or do not have about studies you have never seen?

Would my argument be more convincing to you if I followed your model? i.e. Using generalities and non-analagous examples