Asked 5/12/2016 – Abilene, TX

My husband was a ICOTS transfer to AR, he received 6 offenses all during the year 2015 which includes a failed drug test, 2 failures to report change of address/job, a failure to report, a misdemeanor theft by receiving charge, and misdemeanor 3rd deg. Domestic battery. The last charge was the battery charge where AR sentenced him 3 days in jail a a batteries course he is to complete through counseling associates, when he went to do his 2nd if 3 days Texas put a hold on him and then the 13th of April (this year) he was picked up by Abilene, TX. He just went to the 1st revocation hearing yesterday and the plea was 6 years, they decided to take it to trial. I now have 2 weeks to find a lawyer who will fight for his case, we had a bad year but we were doing so good when this revocation took place. He doesn’t deserve to be in prison, I even tried to file a report on the domestic battery charge that the courts here through out, they forced him to take the plea here which in turn screwed him. I need a lawyer I can pay payments to, I have $1000 to put down now, and I work 2 jobs 40+ hrs at both a week. I have character witness statements from his job here, our pastor, and his baby momma.

Answer

Your husband has the right to plead either true or not true to the allegations contained in the motion to revoke probation. If any of the allegations are found to be true, the Judge has the right to keep your husband on probation, or sentence him to prison for a term anywhere within the punishment range provided by law; in your husband’s case, that depends on the type of probation he was originally sentenced to (deferred adjudication or straight probation), and the exact charge on each case. I would not worry so much about who your husband’s attorney is. Focus on your husband’s answer to the Judge on why he did not follow the terms of his probation order.