Asked 7/14/2016 – Dallas, TX

Probation violation. Missed blows on machine. I have been traveling everywhere by bus and it needs to be plugged in. I’m looking for employment. I have explained the missed blows to my attorney. My blows have been damn near perfect now that I have a car. I’ve been donating plasma for cash and sometimes I didn’t make it home in time. Now that I have he vehicle the only time I missed blows was when the cord broke. Smart start was closed. I went as soon as they opened and got another one. They made a note of it. Now I have been summoned. I’m indigent and 48 hours is not long enough to acquire an attorney. They summoned me today and want me there 9 am Friday. Is that legal? What can I do?

Answer

First, you show up to court on Friday. I don’t know exactly what is going to happen, but I DO know that a warrant will issue for your arrest if you fail to appear. You have a condition of your probation requiring breathalyzer samples be provided as directed. You have violated this condition of probation. A probation violation can cause your probation to be revoked and you to be sent to jail; that decision is discretionary with the Judge. You have the right to explain to the court WHY you violated the conditions of your probation, but not having the machine plugged in, not being home or a broken cord are not legal defenses. You can request a contested hearing on the matter and further request the court appoint an attorney to represent you if you are indigent. Good Lick.