Asked 8/16/2016 – Austin, TX

They give me deferred adjudication probation for almost the same crime I did not commit. 1 was in Louisiana and the other in Texas. The charge was for Theft $ 1,500 to $ 20,000.00. During my time in Louisiana they make tons of illegalities on my case but I did take the plea. After some time of not being to pay restitution my PO File a MTR. I went to court and for the first time I was able to talk to the judge about what they did to me and a miracle happen. Judge cut me loose from probation neither without finishing the time nor to pay restitution. He even apologized for what I went through. In Texas, they give me 3 years’ probation in a 2 years sentence charge. Same thing, Theft of 1.5/20k. I’ve been on probation for 6 years. The restitution was for 10k. I have never fail a drug test or miss a report day and I did pay 6k but my small business hss been struggling because the weather and I haven’t been able to pay the last 2 months and now my PO file a MTR for next Thursday,. She just doesn’t care. She is new on the system and it seems to me she wants to earn credits with her boss. What is going to happen to me? In Texas they also violate my rights. Do you think same miracle would happen twice?

Answer

Paying restitution was a condition of your probation. If you failed to pay such restitution, you failed to comply with the terms of your probation. Accordingly, the State has the right to file a motion to revoke your probation, and if the Court finds the allegations to be true, the Judge can continue your probation, modify and/or extend your probation, or revoke your probation and send you to jail. What will happen in your specific case is discretionary with the Court. Talk with your attorney.