Asked 2/3/2916 – Denton, TX

My boyfriend violated his probation is in Denton County Jail in Texas. Case #F-2009–0225-c. Charges: motion to adjudicate guilt and poss cs pg 1<1g. Orginally filled in 2011. He finally has a court appointed attorney, but has limited communication with her. She has not responded to any emails sent. On 1/16, 3 motions were filed. The 1st was a motion to dismiss (state’s motion to revoke), 2nd was to dismiss (states motion to or proceed with adjudication of guilt), & 3rd was to set bail/bond. All of them state the judge will not sign.At his announcement on 2/1, no pleas were offered. The PD set a trial date in March to dismiss based on due diligence. He would prefer to have his probation reinstated. Is it possible to find out if the DA or attorney requested the continuance? I did not know to ask this of her before and it is hard to reach her. He is scared to goto trial and what the potential negative outcome may result. If he does goto trial, he believes he will have to serve the 2 years in jail or prison. No bond has been offered. It seems like he will have to stay in jail until he trial, not ever speak with the lawyer, and probably get stuck in jail with the maximum sentence.

Answer

1) He is not entitled to bond on a probation violation; 2) the decision to be continued on probation is not up to your boyfriend or his attorney. If was placed on probation, then violated the terms of this probation, the DA has the option to move to revoke the probation and recommend jail, time. This is generally the case if a probationer gets a new criminal charge filed against him while on probation. The DA has the obligation to protect the public for crime and criminals, and if a person is committing crimes after being given a second chance through probation, then jail is usually the recommendation. A trial and not guilty verdict is probably the only way he will avoid jail time.