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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16369
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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the defendant accidentally missed the probationharris county

Customer Question

the defendant accidentally missed the probation harris county jail what can be done to avoid punishment or issue


 


this person just won a cancellation of removal from immigration court


he is afraid that he will be back to immigration jail and or be back to criminal jail for missing the probation.


 


he missed the probation appoinment because he forgot. he is already released when he missed this appoinment


 


please help

Submitted: 10 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 10 months ago.
Hi,

Are you saying that the defendant missed an appointment with probation? How long ago did he miss the appointment? Has he been in any previous difficulty with his probation officer.

Use the reply tab below to respond
Customer: replied 10 months ago.

last month


 


he had violated his probation twive before by using cocaine again, they tested the urinate and found out

Expert:  Zoey_ JD replied 10 months ago.
Hi and thanks for the quick reply.

Your friend is going to have to bite the bullet and return to probation. He may face a technical violation, and with previous violations there may be no way around that, but the sooner he comes back and sees his PO, the less likely probation will demand his revocation.

If they violate your friend, probation holds all of the cards, and they can be very difficult to second guess. They have a whole arsenal of possible sanctions available to them, ranging from a wrist slap (more intensive supervision, more reporting requirements, which is quite possible on a technical violation such as this one) on the one extreme to house arrest or revoking probation outright on the other.

What they will do in this case will depend on many factors, such as the defendant's background and history and the facts and circumstances of the underlying case, how well he's been getting along with his probation officer, whether he's been in good over all compliance with the terms of his probation before the violation or whether he's given them trouble before (and how much of it). These aren't all of the measuring sticks that will help probation to decide how to handle you, but you get the picture. It will all come down to whether probation is still willing to work with him or whether they are just plain tired of your friend's not getting the message.

If probation decides to wash their hands of him and revoke probation altogether, they will usually make a recommendation to the judge about how much time they want him to do. Although the judge generally gives probation's opinion a great deal of deference, because probation has worked with a defendant far more closely than a judge, the judge is not bound by probation's decision. If probation is revoked, the judge has the power to resentence a defendant to any appropriate jail alternative defined by the state's sentencing law for the crime he originally pled to, up to the maximum the law allows. But they also have the power to restore him to probation even over probation's objection.

So there a lot of variables which presently I can only guess at. But he'll be entitled to a hearing, so if he already has a lawyer on his underlying case he needs to contact him so that he has representation. That way if probation and the DA are asking for jail, someone can make a good argument for drug treatment or house arrest.

Customer: replied 10 months ago.

how do i find out which one is his probation officer



he was convicted at criminal court house in harris texas

Expert:  Zoey_ JD replied 10 months ago.
Hi,

You can call probation in the county where the courthouse is located, give the person's name and say you'd like to be in touch with his probation officer They will give you the PO's name.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16369
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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