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My daughter is on shock probation and is in her after care

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now her counselor from VOA...
my daughter is on shock probation and is in her after care now her counselor from VOA has told her probation officer she failed a drug test when the counselor did not even give her a test causing her probation officier disappointed in her and has requested her to report to his office today my daughter is afraid he will send her back to jail and I do not know how to advise her on this does she have a chance to tell her side of the story or do the probation officer just go by what the counselor tells them I went to talk to to her counslor but he would not hardly talk to me at all even after daughter signed a release. he is around 72 yrs old and very disorganized and couldnt even find her documents to info me what was happening in her case. I feel she is being mis represented and I dont believe the counslor has my daughters best interest in mind could you please advise how we should handle.
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Thank you Peggy(###) ###-####
JA: Have you talked to a lawyer yet?
Customer: No havent talked to an attorney we are in Tarrant county Texas
JA: Anything else you want the lawyer to know before I connect you?
Customer: no thats all
Submitted: 1 year ago.Category: Criminal Law
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Answered in 1 minute by:
11/9/2016
Criminal Lawyer: Nisha Jones, Esq., Lawyer replied 1 year ago
Nisha Jones, Esq.
Category: Criminal Law
Satisfied Customers: 1,356
Experience: Managing Attorney at a Law Firm
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Good afternoon, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office. I'll be answering your questions today, please understand this is for informational purposes only, and we do not currently have an attorney-client relationship. I've reviewed your question, I'm sorry to hear this has happened, please allow me just a few minutes to prepare some information for you, thank you!

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Criminal Lawyer: Nisha Jones, Esq., Lawyer replied 1 year ago

If your daughter's probation officer has requested that she come in to his office today, then she should absolutely go in and meet with him. If she doesn't, it will only cause her more problems, and can work against her when she goes back in to court before the judge.

From the information you shared, I understand there's some discrepancy here-- the counselor says your daughter failed a drug test, when your daughter says one was not even given to her.

To answer your question-- she may or may not be given a chance to explain her side of things to the probation officer, that will be up to the discretion of her particular probation officer, how strict or lenient he is, and whether he does in fact have a positive drug test in his possession.

Based on what the counselor is alleging though, and the fact that the probation officer has asked her to come in, it sounds like your daughter is being accused of violating her probation, and she is most likely going to be taken into custody when she goes to the probation officer's office.

I'll let you know, that even if the probation officer won't hear your daughter out, the place where she needs representation to tell her side of the story and where it will really matter, is at her probation violation hearing. Let me explain a little about the applicable legal process-- even though your daughter may end up being arrested for a probation violation today, they still have to prove that a violation actually occurred. This takes place at the probation violation hearing (pvh).

At the pvh, the prosecutor will present evidence against your daughter, for example the results of the failed drug test (if in fact there was a drug test administered, I know this point is in dispute), testimony from the counselor, and maybe testimony from the probation officer. Your daughter will want/need an attorney to represent her at the pvh; these types of hearing tend to be very favorable for the prosecution, as the standards of proof are lower than at a regular trial, so that's why it's extremely important that your daughter have legal counsel that can represent her at the hearing, if in fact she ends up being arrested for a violation.

Potential penalties if she's found guilty include extension of her probation, possible jail time, more rehabilitation classes, and is in the judge's discretion after hearing all of the evidence and testimony. The penalties can be severe, so again, it's important that she have an attorney to represent her.

I hope that helps! Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more. It doesn't cost you anything to rate me, and we can continue our conversation for free after. Thanks, ***** ***** it!

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Criminal Lawyer: Nisha Jones, Esq., Lawyer replied 1 year ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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Nisha Jones, Esq.
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