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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Criminal Law
Satisfied Customers: 15761
Experience:  Licensed Texas General Practice Attorney
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My Son has 2 mismeador warrants out arrest. First

Customer Question

My Son has 2 mismeador warrants out for his arrest. First one is for violation of probation for Battery Second one is for probation violation for shoplifting. Will he receive any jail time? Do I hire an attorney? Do I talk to probation officer myself?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  ScottyMacEsq replied 1 year ago.
Thank you for using JustAnswer.
I'm sorry to hear about your situation. How much time does he have left on probation? And to be clear, is the probation for two separate crimes? Or is he on probation for one crime, and is being accused of two more crimes which are violations of that probation?
Customer: replied 1 year ago.
Only one crime is he on probation for (Battery)but also committed a mismeador shoplifting while having only 4 months left.
How do I proceed to keep him from doing any jail time?
Customer: replied 1 year ago.
Would it be feasible to pay what is left on his probation or is it serious enough to obtain a Lawyer?
Expert:  ScottyMacEsq replied 1 year ago.
Generally in a probation revocation, the time is considered by the judge, but also other factors (such as whether he avoided the warrant, if he's a danger to himself or others, if he's at danger for violating another provision, etc...). The judge may do a "mini-trial" to see if he/she believes that it's more likely than not that the alleged crimes actually were committed by your son. The standard is not the same as in a criminal trial, in that the standard is "preponderance of the evidence" (more likely than not). If the judge is convinced that there's a 51% chance that he committed these crimes, then the judge can revoke probation.
Now the probation would only be the remaining 4 months (assuming that this is the sentenced time), not the entire amount of the time.
Probation revocation is a serious matter, as is having outstanding warrants. An attorney could arrange for him to voluntarily turn himself in, which looks good on his part. Further, the attorney could help defend against these two other crimes. Note that the probation revocation doesn't affect the criminal charges themselves. He could still be tried and convicted for those as well, which would give him additional sentences, and if he has a record of probation violation, it's unlikely that he would get it again or get parole (meaning he would have to serve out his entire sentence if he were convicted).
In short, yes, I do believe that getting an attorney is a smart thing to do. That being said, you need to contact an attorney in your area that deals with criminal / probation cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in your area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in your area, and what you should do next.
Talking with his P/O may or may not be fruitful (more likely not to be). Unfortunately most are too cynical to be swayed by your appeals to them. I don't see much harm in doing so, but you shouldn't believe anything that he/she has to say (as he/she will say anything for him to turn himself in, at which point the officer may just recommend revocation of probation regardless what was told to you).
Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** luck to you!
Expert:  ScottyMacEsq replied 1 year ago.
Did you have any other questions before you rate this answer?
Customer: replied 1 year ago.
Would it be feasible to pay the amount he is behind on and also the remaining 4 months that is left on his probation.
Would this help persuade the Judge to turn him loose?
Expert:  ScottyMacEsq replied 1 year ago.
It COULD. It would be persuasive, but that doesn't mean that it would necessarily sway the judge away from a position that he/she might otherwise take. Every judge is unique, and you might get an old codger that is as cynical or worse than the P/Os that I was talking about earlier.
Now if you get an attorney that handles revocation cases in these courts, the attorney might have experience with that particular judge assigned to the matter, and could give you a better idea how that particular judge would view paying it off.
Expert:  ScottyMacEsq replied 1 year ago.
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