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If I violated a deferred adjudication on a class misdemeanor…

If I violated a...

If I violated a deferred adjudication on a class B misdemeanor a second time, what punishment is most likely to be meted out?

Lawyer's Assistant: Have any charges been filed? If so, when is the next court date?

I am supposed to meet with the court officer, but that date has not been set yet.

Lawyer's Assistant: In what state did this occur?

Texas.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Will I be able to do weekend commitments if I receive any jail time?

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Answered in 5 hours by:
5/9/2018
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,889
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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In my experience, you'll lose your deferral. From there, it depends on whether probation will still be willing to work with you or whether they feel like you're never going to "get it" and decide to wash their hands of you.

In the latter case, they will ask for a revocation of your probation and ask that you be resentenced to jail. There will be a hearing on this matter, at which time you're eligible for a lawyer. The judge has the power to keep you on probation even if probation objects. So your lawyer can make an argument that you be restored, even if you have to finish up on house arrest.

If the judge does want jail, however, he can make an argument for weekend incarceration. That's not an unusual request if to do straight time will cost a defendant a job, and requests for this are often granted at the discretion of the judge.

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Customer reply replied 3 months ago
I know I can be sentenced up to the max of 180 days, but how many would I **LIKELY** get? A couple weeks...a month...something else? The violation was me having a drink and the original charge was DWI pled to Obstruction of a Passageway.

Sorry for the delay but I was away from the computer. You said that this was the second time you violated your probation. How did you violate it the first time and what sanctions were imposed? Also, how long between the two violations?

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Customer reply replied 3 months ago
I drank one night with friends in August. I already had an interlock device on my car. I tried to go somewhere the next morning and didn’t realize I still had a breath alcohol content because I blew a .095. I was ordered 3 days in jail, which I served in November. The 2nd violation was over this past weekend. My deferred is set to end August 7, 2018.

The stakes go up. If you're going to be revoked altogether, 30-45 days sounds reasonable. If you're going to get a short-term sanction, 10 days to 2 weeks seems about right, in my experience.

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Customer reply replied 3 months ago
A short-term sanction? Meaning just receiving a shorter amount of time?

Right. Meaning instead of revoking probation and resentencing you to jail, you would serve a short period of time and come out and still be on probation.

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Customer reply replied 3 months ago
Thank you.

You're very welcome!

I strive for 5-star service. If I have addressed all of your concerns, please take the time to rate my service to you by selecting 3, 4, or (hopefully) 5 stars on the rating scale, as that is the only way that JustAnswer gives us Experts credit for our work. You would still be able to post further follow ups on this question thread about this for no additional cost, even after I've been rated.

Good luck!

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,889
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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