Asked 4/26/2016 – Dallas, TX

I ran from Wilmer and have checked myself in to The Salvation Army Adult Rehabilitation center. I have now been there 3 months. I have three months left. The question is this: Obviously I have a warrant for running. If and when I go to jail, if the ADA or Judge wanted to, can they allow me back to the Salvation Army court-ordered (after absconding Phoenix house, a judicial treatment center run by Dallas CSCD)? The program director at The Salvation Army is willing to show up at court the morning I make jail-chain to court. He says he will talk to the judge on my behalf and tell them I am doing well. He will bring my UA results, AA attendance sheets, etc, with him. So, even if the court was willing to send me back to the salvation army (instead of Phoenix House or possibly SAFP), can they do so? Maybe there are policies in place for Wilmer absconders preventing this as an option? Anyway, it’s a State Jail PCS probation violation for absconding 3 months ago. Probation knows where I am; the Salvation Army’s policy was to contact them as soon as I got there three months ago. She advised me to turn myself in and said if I stay, the sheriff may or may not come get me.

Answer

The Judge has the discretion to order whatever he or she thinks what is in the interest of justice. What you are requesting, however, is for the Judge to disregard the fact you violated the Court’s previous order, and ratify the fact you went wherever you felt like and made your own treatment plan. This is a tough hill to climb. Have your attorney give the District Attorney all materials regarding the program where you are currently enrolled. You will probably not be able to address this issue until you are in the Dallas County jail. It is the policy of the Dallas County DA’s office and probation department not to negotiate any probation violation case until the person is in custody.