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Legal-Guru
Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
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Experience:  Experienced Criminal Trial Attorney since 1998.
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I was sentenced to shock probation in Bexar County. It has

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I was sentenced to shock probation in Bexar County. It has been two years since my release and my officer in Kansas, where I compacted to believes and do I that I have met all requirements set forth by TX. One big problem is getting TX never responds to information my probation officer sends or that I send. Instead they just issue a warrant for info they have in their possession. . .probably hasn`t even looked at them. THey say I am delinquent on one of two cases even though I send a money order in twice a month with both cases written on them and the same evidence has been provided to the Texas compact director. He sent an email over a week ago asking for an explaination as to why they are wanting to revoke me He received the same inaction by Bexar County probation, which is no response. Any advice. My concern is getting revoked anyway, and wondering if I would just do the rest of my 8 year sentence or more, plus any chance at parole. Thanc
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Legal-Guru replied 11 months ago.
Welcome to JustAnswer. What are the alleged probation violations from Texas and what is your current status?
Customer: replied 11 months ago.

Delinquent by one year on 1 of 2 cases. In fact, twice a month I send a money order with both cases numbers on the money order. Until a year ago, the $$ was split up, the we just found out they stopped splitting it up.I am all copies of all payments.


 


2nd allegation is I don't have an interlock on my house, not car, but house. THere is a requirement for me to have one on any car I own, but I don't own any and I have been ordered not to drive til 2021.


 


3rd. Failure to complete outpatient treatment for alcohol, which I have been doing for two years and the VA counselor sent two letters giving Texas updates on how I was doing.

Expert:  Legal-Guru replied 11 months ago.
Ok thanks for the additional information. Can you wait approximately 30 to 45 minutes for me to get back to you? I have to drive to my office.
Expert:  Legal-Guru replied 11 months ago.
Let me ask one additional question if I may. Have they already issued a warrant? If so, have you been arrested on that warrant and what is the status of that?
Customer: replied 11 months ago.

A warrant has been issued, which my PO in KS is aware of. . this is the second time Texas has done this. The first time it was dropped fairly quickly. My PO is working through Interstate Compact and has reached the TX liaison who agrees there should be no warrant and he is equally baffled.


 

Expert:  Legal-Guru replied 11 months ago.
Ok, well that is strange. Sounds like Texas needs to get their act together. Fortunately, it sounds like you have a good PO in Kansas who is on top of things. At this point I would probably let him handle it. Right or wrong communications from him will carry a lot more weight than communications from you. I'm attaching a link below that at the bottom of the webpage has names and contact information for the Texas Interstate Compact Director, Assistant Director, Deputy Directors, Commissioner, and Administrator. You or your probation officer may have to be a pest (but a polite pest) to these people to get this cleared up.

http://www.tdcj.state.tx.us/divisions/parole/parole_interstate_compact.html

You are doing the right thing keeping copies of all your receipts, proof of treatment, etc. I wouldn't trust the people in Texas running their program not to lose it. It's almost certainly not a case of maliciousness on their part but a case of incompetence.

To answer your questions:

(1) Although I am sure this is all very stressful, I do not think you will end up getting revoked. You would be entitled to a hearing where they would have to prove your violations which obviously they will not be able to do. Hopefully though you do not have to return to Texas to get this straightened out.

(2) The maximum time you could be revoked for if you did in fact violation your probation would be the remainder of your eight year sentence, and yes, you could be paroled from that sentence. If this is a DUI/DWI case, it would be very rare to serve the entire sentence.

Best of luck to you, and feel free to ask any follow up questions you may have.
Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1343
Experience: Experienced Criminal Trial Attorney since 1998.
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