Asked 2/27/2016 – San Antonio, TX

My husband was issued felony probation for burglary for 3 years. When he got out he did nothing. Never even went to intake. He only spoke to his PO once on the phone. After about 2 months he got arrested for theft and criminal trespassing. He was stealing from a store he had already been kicked out of before. The theft got enhanced to a felony because it was his 4th or 5th one. So he has violated his probation, that he never even really started, and picked up a new felony charge. I saw him a few days ago and he asked me to hire a lawyer cause he thinks he can be reinstated. Is there ANY chance of reinstatement?

Answer

Yes, it is POSSIBLE your husband’s probation can be reinstated. There is nothing legally that would prohibit the continuation of the probation, but as a practical matter, your husband has told the Judge through his actions that he no intent whatsoever of following any probation orders. He will say anything to get out of jail, and once he is released, he will run. The reinstatement is totally within the discretion of the Judge. Why would the Court believe your husband has changed his ways and will follow the rules of probation?