Probation

[notusedtothis]

What is the name of your state? Tx

What are the general guidelines for probation. It sounds after reading the posts that it is very easy to violate probation. Are the urine drug screens observed? What if a person cannot afford prob. fees and fines etc? Can a person living in one city serve prob. in another city (where the indictment took place) or does a case HAVE to be transferred?

 

[needadvice50]

What is the name of your state? Tx

What are the general guidelines for probation. It sounds after reading the posts that it is very easy to violate probation. Are the urine drug screens observed? What if a person cannot afford prob. fees and fines etc? Can a person living in one city serve prob. in another city (where the indictment took place) or does a case HAVE to be transferred?

I'm from Oklahoma & my friend just got put in Drug Court. He was allowed to serve in another county where he is now residing, but has decided to go back to the county where the ind. took place because it was a shorter term in that co. I can tell you this, urine drug screens are given whenever they decide. So, he never knows when they might screen him. He's had at least 6 in 2 weeks. He also must call in every morning between the hours of 6 & 7 am. daily. He has to attend AA meetings between 3 to 5 a week & possibly more. They can come to his home anytime 24/7 to search for anything concerning drugs & alcohol. I think the more one cooperates & shows they are really trying to get better, the more lenient they are. But, I do know they will not go easier on you if you have an "attitude." You are pretty much at their disposal for however long the program takes. Sounds like my friend will be on strict probation for at least 1 year, then another year of lesser restrictions. If at anytime he screws up & the court decides to dismiss him from drug court, he willl automatically go to prison for 7 years, for traces of meth & a glass pipe. Pretty Scary, huh? Oh, yes, he was told he must go thru 4 phases. Before he can go to the next phase, any prob. fees, etc must be paid {set up like monthly payment} before he can go to next phase. And, if he has no job, then they will make him do something, probably some type of crappy job to help work off any debts. I hope this helps with some of your questions. Good Luck!

 

[notusedtothis]

Is a trace considered felony? My hubby will probably only get 2 yrs prob. on deferred adj.(pres fraud) We are going to ask for no AA meetings (12 step prog) due to religious conflicts and he can get drug counseling through a private counselor. How do they expect that people can continue to live their lives and straighten up if they are constantly having to report in and give piss tests? He will be doing his prob. in the little town where he was ind. which is 3 1/2 hours from where we live, so we can pretty much rest assured that drug tests will only come when he has his meeting with P.O. Also, as for people coming into my house and going through my things just because they are mingled with his - that wont happen (over my cold dead body). My civil rights will NOT be violated because he made an err in judgement. I will see that that gets into the probation orders via the DA and judge. Also, don't want the 3 kids involved in any way. Incidentally, he is still on the drug (legally now) cuz once I found out what he had been doing, I got him to the Dr. immediately to find out why he said he hurt so bad and his back is all messed up. We are currently fixing discs, nerve blocks, blah, blah, etc...

Thanks for being so nice in your reply. Some people here are mean.

 

[needadvice50]

Is a trace considered felony? My hubby will probably only get 2 yrs prob. on deferred adj.(pres fraud) We are going to ask for no AA meetings (12 step prog) due to religious conflicts and he can get drug counseling through a private counselor. How do they expect that people can continue to live their lives and straighten up if they are constantly having to report in and give piss tests? He will be doing his prob. in the little town where he was ind. which is 3 1/2 hours from where we live, so we can pretty much rest assured that drug tests will only come when he has his meeting with P.O. Also, as for people coming into my house and going through my things just because they are mingled with his - that wont happen (over my cold dead body). My civil rights will NOT be violated because he made an err in judgement. I will see that that gets into the probation orders via the DA and judge. Also, don't want the 3 kids involved in any way. Incidentally, he is still on the drug (legally now) cuz once I found out what he had been doing, I got him to the Dr. immediately to find out why he said he hurt so bad and his back is all messed up. We are currently fixing discs, nerve blocks, blah, blah, etc...

Thanks for being so nice in your reply. Some people here are mean.

I know exactly how u must feel. I'm not anyway connected with lawyers, ect., but I've been researching laws, & everytime I think we had a great case that we could win, someone on this site seemed to find a way to let u know, sorry, but u lose, or get ready to go to prison, or quit watching so many cop shows. This really burns me! Why do we have a Constitution that will not uphold our rights? Why is there so many ifs, & buts, & ors, you know what I mean? It really sucks. I hope that u have a good lawyer who will listen to you & keep you informed about everything pertaining to your husband's case. And, do not let them waive your Preliminary hearing, unless you are past that part. That was the worst thing that happened to my guy. And the lawyer did it without my guy knowing this would happen. So, he never got to hear the facts about the case & was never given a chance to tell his side of the story. You would not believe the bull crap that happened! He had to definitley be railroaded on this one! If you would like to talk, you can e-mail me thru this site by clicking on my name or post a mess to me & I'll respond without everyone seeing what we are discussing. Once a butthead had the nerve to call me an ignorant twit!! He was the ignorant one, couldn't even spell course correctly & then tried to play it up like he meant a different course .{he spelled it coarse} Ha & he thinks I'm stupid!!!!Sorry, but sometimes I just can't get over how screwed up our laws are. Maybe we can talk again!

 

[Kane]

Notusedtothis: The general terms of community supervision can be found in section 42.12 of the Texas Code of Criminal Procedure. You can find the TCCP here: http://www.capitol.state.tx.us/statutes/cr.toc.htm.

In addition to the general terms, the judge can order specific conditions. Those include things like counselling and treatment, restitution, or staying away from the victim or co-defendants.

If you get probation in one county, but live in another, the probation will be transferred to the county where you actually live.

How easy it is to violate probation varies from one county to another. Some places (Williamson County) are very strict. Others, not so much.

The most important things are (1.) make sure they know where you are (show up for your meetings), and (2.) don't get arrested again.

If money is the only issue, and you genuinely can't afford to pay, explain the situation and provide some sort of documentation (pay stubs, bills, etc.), and show a good faith effort. Ask for a financial study. They may be able to waive part of your fees.

 

[needadvice50]

Notusedtothis: The general terms of community supervision can be found in section 42.12 of the Texas Code of Criminal Procedure. You can find the TCCP here: http://www.capitol.state.tx.us/statutes/cr.toc.htm.

In addition to the general terms, the judge can order specific conditions. Those include things like counselling and treatment, restitution, or staying away from the victim or co-defendants.

If you get probation in one county, but live in another, the probation will be transferred to the county where you actually live.

How easy it is to violate probation varies from one county to another. Some places (Williamson County) are very strict. Others, not so much.

The most important things are (1.) make sure they know where you are (show up for your meetings), and (2.) don't get arrested again.

If money is the only issue, and you genuinely can't afford to pay, explain the situation and provide some sort of documentation (pay stubs, bills, etc.), and show a good faith effort. Ask for a financial study. They may be able to waive part of your fees.

Very nice Kane. But I would bet you that very few people who participate in Drug Court or Comm. Sent. make it. I don't know how TX is, but in SE OK, where its very heavily wooded, u know, Big Foot Country & lots of strange people who would just as soon kill you as to look at you, never pass DC or CS. I looked up statistics for Seminole Co. & the failure rate was 83%. Pretty scary, don't u think? These people don't want to help, all they care about is making sure u fail & then they can put u away & get more money. When 3 psys. test a person & all 3 agree that this person will surely fail if in drug court, why then would the att. force his client to plead guilty & do it?? I even told him that we would rather have a trial by jury, just so all the evidence could be presented & my guy said he'd rather go to jail than do drug court, but after sitting in the courtroom from 11 am to almost 5pm, that's how long it took to persuede my guy to plead guilty & do drug court or face 7 years, he finally gave in. I'm sorry, but I can't see why this case wasn't a simple case. I know he was not guilty of what the officers thought he was & after the fact, they knew it too. You don't interrogate someone for 2 hrs. for being parked along the roadside & every one of the advisers on this site know it was wrong, too!

 

[Heather2]

What is the name of your state? Tx

What are the general guidelines for probation. It sounds after reading the posts that it is very easy to violate probation. Are the urine drug screens observed? What if a person cannot afford prob. fees and fines etc? Can a person living in one city serve prob. in another city (where the indictment took place) or does a case HAVE to be transferred?

The basic rules are:
*Don't commit any other crime (excluding traffic offenses because I got one and it didn't matter).
*Don't take any drug that is not prescribed to you.
*Do not associate with anyone else who broke/breaks the law. If you get caught with someone who has drugs or a gun, you're in trouble.
*Go to all your PO visits when you're suppose to.
*Obtain & maintain employment.
*Finish your community service on time.

I couldn't afford my probation fee either but I have a nice PO and she lowered my fee $60. Just show proof of your financial situation and be polite and maybe you can get your fee lowered.

Also, yes they usually watch you pee if you have the same sex PO. I live in Dallas county but I would imagine the rules are pretty much the same.

As long as your not a high risk person they won't test you as often as the other posters suggested. At most my PO only drug tests every other month. My crime was prescription fraud which is a drug crime but if you don't test positive your first visit they usually don't think your high risk.

PAY YOUR FINES ON TIME!!! They can violate you for that. They are more lenient on not being able to pay probation fees though.

Just keep your nose clean and break contact with your old drug buddies and you'll be fine.

 

[Heather2]

Also, as for people coming into my house and going through my things just because they are mingled with his - that wont happen (over my cold dead body). My civil rights will NOT be violated because he made an err in judgement.

The chances of them coming to your house are very small but if they do you have to let them search. They DON'T need a warrant and they can search any place he has access to. You would only get yourself in trouble if you refused and they would win in the end. I know it's harsh but you gave up your rights by letting someone on probation live in your house.