Asked 2/5/2016 – Fort Worth, TX

I had my PO trying to get me to sign a amendment tp extend me in SOTP. I refused and the attorney I had filed a motion modify to either say get clarification from Judge. i had done one year IN SOTP and this is misdemeanor probation. Had a hearing date it got reset. I also quite SOTP on advice of lawyer until our hearing to verify i still had to go SOTP from Judge. Well reported yesterday and I was arrested PO said I had a violation. I did admit to breaking a treatment rule but that was before i ever filed my motion. I have never even been given a sanction!! This is more a treatment/ technical violation. Do you think a Judge would revoke, knowing i never even had a sanction I also was slightly behind on payments which i paid now. Seems like the DA just did this because of my motion? Thoughts? Thanks

Answer

The Judge has the ability to revoke your probation for any violation, even a technical one. My suggestion is to present to the court an attitude that you want to be continued on probation. I understand that a PO can be overbearing, but fighting over modifications due to what you think is reasonable isn’t going to help. Remember, what you thought was reasonable landed you on probation. Once you had any technical violation, you did not have a lot of bargaining room to object to any modification before a motion to revoke was filed. You did not say why the PO wanted to extend you in the program. If it was due to any other violation, you may have to acquiesce.