April 18, 2016

Asked 4/16/2016- Houston, TX

My husband was in probation for burglary of habitation, he violated probation he didn’t show up to court. He was on the run and he’s been arrested with no bond set. Is he going to sit in jail or are they going to extend his probation?

Answer

Your husband must be formally served with the motion to revoke probation which will list the alleged violations of probation. He will have the opportunity to plead true or not true to each allegation. The DA and probation department will make a plea bargain recommendation regarding the sentencing, and your husband can either accept the offer, or have a hearing before the Judge on the motion to revoke. You will have to talk with your husband’s attorney to find out what that offer is, whether your husband will accept the offer and when the next court setting will be.

About the author 

Grant St. Jullian III

Bachelor of Science in Chemical Engineering – 1979 Univ. of Pennsylvania
Doctor of Jurisprudence 1982 University of Texas @ Austin
Licensed by the Supreme Court of Texas since 1982.

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