Motion to Revoke Probation - however probation about to be ended

[HatchMan]

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

I am currently serving probation for a Class A misdeamenor family violence in Texas. The original charge was a 3rd degree felony for impeding breathing and circulation, however after a jury trial they returned the verdict of not guilty, but guilty of the lesser offense of misdemeanor assault and probation was assessed for 18 months. That was in Oct 2012. My probation has been a rocky road due to my own issues with substance abuse and a pita supervision officer who openly admits to not liking me. Let me state up front that I have completed all community services hours, mandatory classes, and paid all fines and court costs. I have had my probation extended twice for 6 months each (total 1 add'l year) which is the mandatory probation I can receive for a class A misdemeanor I believe.

Due to another dirty UA the DA has now submitted another motion to revoke my probation. My probation is scheduled to be done with in October of this year. Given the resets and announcements of the judicial system, there is the possibility that my motion to revoke is not heard until after my probation time period is completed. How does this work? Could I still be revoked even after the time completion and sent to jail for the maximum 1 year penalty? Additionally knowing that my true core issue is drug addiction, if I entered into an inpatient treatment facility of my own accord for 3 to 6 months, how would this affect my probation and revocation hearing? Would it help? or be viewed as a cop-out? Thanks and any and all information will be appreciated.

Regards,

 

[Ohiogal]

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

I am currently serving probation for a Class A misdeamenor family violence in Texas. The original charge was a 3rd degree felony for impeding breathing and circulation, however after a jury trial they returned the verdict of not guilty, but guilty of the lesser offense of misdemeanor assault and probation was assessed for 18 months. That was in Oct 2012. My probation has been a rocky road due to my own issues with substance abuse and a pita supervision officer who openly admits to not liking me. Let me state up front that I have completed all community services hours, mandatory classes, and paid all fines and court costs. I have had my probation extended twice for 6 months each (total 1 add'l year) which is the mandatory probation I can receive for a class A misdemeanor I believe.

Due to another dirty UA the DA has now submitted another motion to revoke my probation. My probation is scheduled to be done with in October of this year. Given the resets and announcements of the judicial system, there is the possibility that my motion to revoke is not heard until after my probation time period is completed. How does this work? Could I still be revoked even after the time completion and sent to jail for the maximum 1 year penalty? Additionally knowing that my true core issue is drug addiction, if I entered into an inpatient treatment facility of my own accord for 3 to 6 months, how would this affect my probation and revocation hearing? Would it help? or be viewed as a cop-out? Thanks and any and all information will be appreciated.

Regards,

You are a drug addict. You can have your probation revoked. The motion is submitted PRIOR to your probation ending. And under speedy trial rights, they cannot wait until this October or thereafter. As for your supervisor being a PITA, quite frankly, the issue you have had is due to the fact that you have not quit doing drugs. Try taking responsibility for your actions.

 

[CavemanLawyer]

Yes they can still revoke your probation after the date you would normally terminate as long as the motion to revoke was filed prior to that date, and the capias for your arrest was also issued prior to your termination date. The hearing on the motion (or any plea) can certainly take place after your termination date in October. Once that date comes and goes the only limitation on the District Attorney's Office is that they cannot amend their motion to revoke any further. I have seen people get revoked years after they "full termed" probation.

Having an in patient facility completion to back you up would help tremendously in a motion to revoke. Even if you do get revoked, your attorney might be able to negotiate some of that time counting against your jail time. I say this because if the court had ordered that same inpatient treatment through probation you would be entitled to that credit as a matter of right. But the problem is that courts won't typically order such treatment for misdemeanors because its too expensive. If you do sign up for in patient treatment make sure it is a state certified facility, or in other words, its a facility that probation would send its probationers to. Also make sure your probation officer is aware of what you are doing because you will be missing reporting dates by checking in. If you haven't already started researching this get ready, these facilities can be very expensive.

 

[OHRoadwarrior]

Until you are released by the court, you can be violated. You freely admit to violating your probation. I don't see why you are complaining. You have a problem you refuse to seek treatment for. Your PO is not a pita, they are patient and trying to allow time for you to reach the decision to seek help with your addiction.