Asked 5/23/2016 – Austin, TX

My boyfriend was taken to jail for a warrant for violating his probation. He was put on probation for 5 years for Engagement in organized crime for marijuana through text messages in college. He only has about 2 1/2 years left of probation. He violated his probation these ways: (2) DWIs that he is fighting as not guilty, paraphernalia for a grinder in his car, having controlled substance, not reporting to P.O., and failing his last drug test.

Answer

I need to know 1) whether your boyfriend was placed on deferred adjudication probation or straight probation, and 2) the degree of felony he was originally charged with. If he was placed on deferred probation, he can be sentenced anywhere in the punishment range provided by law (which is why I need to know the exact degree of the charge). If he was placed on straight probation, the prison term has already been assessed, and the time he could be sentenced to jail will be in the Judgment/Probation Order. The time he has spent on probation does NOT count as credit towards any jail time assessed, so the time he has been on probation is irrelevant in sentencing. You should talk with his attorney, but a probationer who quits reporting, then picks up a new case is likely facing prison time.