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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 110473
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I am on felony probation in Brazoria County, Texas for my 3rd

Customer Question

I am on felony probation in Brazoria County, Texas for my 3rd dwi and I was sitting on the curb in front of Jack in the Box waiting on my Mom to come pick me up, apparently the employees called the police and when they showed up one of the responding officers was the one who had arrested me on my last dwi charge, he knows who I am and knows that I am on probation. I told him that I was waiting on my Mom to get me and that she would be there any minute, he in fact spoke to her on my cell phone to make sure she was coming and she told him that she was, to my knowledge he did not run my name nor ask for my ID and did not arrest me, he waited til she arrived to pick me up and yes I had been drinking but he never said anything about that or asked me if I had been. I am scared to death! I don't know if he is going to notify my PO or not and I know that I should tell her about the police contact but again I am terrified to tell her! do you think he will let her know about the contact? I have been on probation for 11 months now and have had no violations at all and have complied with all of my conditions expect for the other night when I slipped and relapsed. I just don't know how to handle this, I am looking at 8 years TDC and instead was very lucky to get 5 years probation and now I am freaking out! do I just tell her and be honest or keep my mouth shut? Please advise
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If he did not say anything about drinking and did not take your ID or arrest you then he is not going to report you to your PO in most all cases, because he would not have any evidence of your condition as he would have if he arrested you for public intoxication. At this point, you were not arrested, so you did not violate the probation and you should not say a word.

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Customer: replied 2 years ago.

Thank you and I understand that your advice is for educational purposes, it makes sense that he would have no evidence to support the encounter with me


Again thank you

Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your response. In order for them to do anything to you for a probation violation they need evidence and without that you need to be quiet.

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