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Category: Criminal Law
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Experience:  licensed attorney in Texas for 29 years
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My husband is on probation - for a first DUI- I would like

Customer Question

My husband is on probation - for a first DUI- I would like to know about probation violations. We went out of the county without thinking about it and now the PO is telling him that the judge is going to provoke his probation. My husband told them that we left the county - they have no proof that we did. Do they have to prove a violation or can they just say that they were told the violation?
He has no other arrests - it was a bad combination of his MS drugs and alcohol.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  RayAnswers replied 5 years ago.
Thanks for your question. This is a violation fo his probation. you may want to seek a lawyer upfront here because you want to contest. It is possible the court won't revoke as this is pretty minor to me even though it is a vioaltion.

Don't mention the alcohol here because this is likely another violation. A lawyer early on may be able to prevent them filing here or stopping it if they do. As you know they have a lot of discretion in the matter and a lawyer might get them to back off.Good luck to you.


 

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. As law is always changing, you are advised to speak with legal counsel for accurate information.

RayAnswers, Lawyer
Category: Criminal Law
Satisfied Customers: 29981
Experience: licensed attorney in Texas for 29 years
RayAnswers and 2 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.
So just with the PO asking him about what he'd been doing and he commenting that we went to the lake in another county violated his probation? What ever he says to the PO can and will be held against him?
Expert:  RayAnswers replied 5 years ago.
Yes it can here. He needs to be real carefula bout admitting anything. I would agree that this is weak here. I am hoping he did not admit to drinking here too as that is a second violation. He needs to get sober here because likely he is in for alcohol and drug testing real soon.

He needs to abstain from alcohol here while on probation. Seriously this can well be his downfall.I am not trying to preach to you but they are soon to be on his case so total sobriety is critical.I think if he had a criminal lawyer here for the DUI he needs to stay in contact with him and see if he can talk them out of revoking.And I am a Texas lawyer here.

 

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. As law is always changing, you are advised to speak with legal counsel for accurate information.


Customer: replied 5 years ago.

An attorney here- as in our county or in Texas? He already has to have alcohol testing twice a month and it has always been negative. That should be in his favor, right? I think he was just trying to be a "good ole boy" with his PO and was very tired because of the heat (his cognitive skills are lacking when he is tired) and didn't realize the trouble it would lead to. Would it be better to deal with the original attorney or try someone new.

 

Expert:  RayAnswers replied 5 years ago.
Yes, it will be in your county. He needs to remember these guys aren't your friend. As far as a lawyer depends on how he felt about him before. If he had good rapport here then keep using him as he knows background..

 

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. As law is always changing, you are advised to speak with legal counsel for accurate information.

Customer: replied 5 years ago.
Ok, thank you. I'll contact the attorney on Monday. I didn't feel that he did his best for us, though. I had to call them to see when the court date was to start out with, but at least he knows the case. Or would it be better to get someone that shows more concern?
Expert:  RayAnswers replied 5 years ago.
If you weren't real happy maybe you start fresh here. Usually people have a good impression and you may want a fresh start. Good luck here..

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