Asked 9/28/2016 – Jacksonville, TX

My brother was stopped in a traffic violation for not using a signal it was 5am and the officer assumed he was drunk or high cause his eyes where red, he was already on 5yr probation and the officer gave him a DWI well when he went to report they revoked him and I’m wondering can he get a bond until his court date, the officer Steven Markarsky gave him a pin test and walking test and still ran his background and gave him a DWI but he passed the test the officer put refused on the paper for sobriety and blood specimen which is false my brother ask for one but instead he checked refused what can be done

Answer

If your brother is on deferred adjudication probation, he is entitled to a bond while any motion to adjudicate/revoke his probation is pending. If he is on straight probation, it is discretionary with the Judge who granted the probation on whether to allow a bond. Talk with your brother’s attorney about the issue.