Asked 1/23/2016 – Alvin, TX

I’m on 3 yesr felony probation. My first violation was about 10 months ago and they sent me to treatment for 45 days. I got out and did good for about 2 months and relapsed. Failed one ua. This time instead of waiting for them to lock me up I checked into a rehab. My po has already filed 2nd motion to adjuticate guilt. I’ll be in treatment for about 3 months this time.

Answer

A warrant has or soon will be issued for your arrest. You will have to go through the same court process as you did on the first motion to revoke (arrest, book-in, court appearance, service of the motion, etc.). You may not be lucky enough to be continued on probation this time. The court does not have to wait for you to complete rehab before arresting you, so you are subject to arrest anytime after the Judge signs the warrant. Contact the attorney who represented you on your original plea. Have him/her contact the court to let them know you have not run off and when your rehab is to end so you can turn yourself in (you want to be as cooperative with the court as you can; your fate of whether you go to prison is solely within the Judge’s discretion).