Re: Probation

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On 12/23/07, Nancy wrote:
> My common law husband was in jail for 3 months on a
> possesion charge in Ellis county. He recieved 5 years
> probation. He was then transfered to Bell county on a
> different charge where he recieved time served. When they
> were drawing up his paperwork for his release they told
> him that Ellis county had put out a warrant for him for
> the prior charge. They said he was in violation of his
> probation. My question is how can that be if he never got
> out? can they do that and what can be done to help him. I
> can understand if he was in violation if he was out but he
> never got out he's been in jail the whole time. Someone
> please help!!

For legal advice you must consult an attorney. On this
educational forum, contributors often discuss legal topics
as an educational exercise but any thing discussed on this
Board IS NOT LEGAL ADVICE!

Every state sets its own probation procedures so I can only
speculate in general terms. The terms of his probation
probably required that he remain "conviction free". If he
had beaten the charge in Bell County he would not have been
in violation. Since he was convicted subsequent to his
probation, he is now in violation of his probation.

Your (his) best strategy at the revocation hearing is to
emphasize that he has not violated the law since his
probation was granted. He is very sorry for the trouble he
has previously been involved in and wants only to better his
life and will live by the terms of probation. The
sentencing court had to have known about the pending charge
in Bell County when they granted probation. I think there
is a good chance that the Ellis county court will not revoke
him on the Bell conviction. If he got time served it must
have been a minor charge.

At revocation:
1. Be remorseful for the trouble he was involved in;
2. Don't try to minimize the seriousness of any conviction;
3. Don't argue some point of law about the revocation
hearing;
4. Tell the court a little about his plans for the future
(school, drug/alcohol rehab, employment, family, etc.)
5. Plead for a chance to show the court that its sentence of
probation was correct and promise he will not let the court
down in the future.
6. You should go with him and maybe he could point to you as
his friend who is standing by him and will help in his
rehabilitation efforts while on probation. (look sad but try
not to cry)

Good Luck