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My brother is currently on probation for a DWI in Tarrant County, TX. OK.
Last night, he was arrested for a Public Intox in Addison Oh no.
and got out this morning and plead no contest at the Municipal Court. OK, this is not good, because now he will have this new conviction on his record.
He is on pretty good terms with his PO in Ft Worth, but is worried about talking about the arrest with his PO. His PO will generally learn of it anyway, since they generally get information about any new criminal proceedings. The concern of course, is whether your brother's DWI probation is like most in Texas: requiring abstinance from alcohol consumption. It it did, then he not only gets that conviction that he didn't avoid re Pub Intox, but he will then be found in violation of his probation. The PO will have to determine if probation needs to be revoked, or if another solution is available. He won't likely find that your brother didn't engage in Public Intoxation, since your brother has accepted a conviction, it seems.
We are trying to figure out what's the best course of action to take?If you want the information to come from your brother, rather than from third party after you brother fails to share the news twith the PO, then he will want to tell him what happened. If he'd prefer that the PO come to him after learning, and address it that way, then he can do that. The latter will likely create negative feelings beyond those that will result from the Public Intoxication itself - so I know what I would do - but this is his personal choice, of course. Look bad once, or look bad twice. You see what I am saying?
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Thank you for the answer! I think he will talk with her, he's just nervous, as I imagine anyone would be. Fortunately, he has completed all of the mandatory requirements, such as the community service hours, the mandatory classes and he has paid all of his court costs. He got all of this out of the way pretty early. We heard there is a slim chance that sometimes the PO does not find out, but he doesn't want to upset her either.
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