June 21, 2016

Asked 6/17/2016 – Dallas, TX

I am currently on probation for marijuana possession, Class B misdemeanor.

Just one month before my probation ends in July, I acquired a drug paraphernalia charge, (Class C, non arrested).
I am actually off of probation about 1.5 months after I recieved the charge, but am unsure whether the officer will check my background/criminal history before he lets me off.

Also my probation is in another county in Texas (Walker) than where my citation was received (Dallas, Justice of Peace precinct)

What are the chances of my probation officer finding out about my drug paraphernalia citation?
Does getting a lawyer/ticket attorney help, and does it matter what they say they will do?

Answer

You have to speak with a local attorney ASAP. If you retain one, make sure 1) you speak directly with the attorney (many law offices that work on class c misdemeanors have staff that process cases before the attorney reviews the matter); 2) the case is NOT appealed to the County Court of Appeals. The computer systems of the municipal courts are generally not reviewed as frequently by probation departments, the county systems are. No one can predict the outcome of whether your probation officer will find out about the new charge, or what retaining an attorney will or won’t do. You can 1) Do nothing and hope your PO doesn’t find out; 2) Represent yourself on the new charge and see what happens; or 3) Hire a lawyer. You are in the criminal justice system and you’re a big boy now. Weigh your options, make your decision and live with the outcome

About the author 

Grant St. Jullian III

Bachelor of Science in Chemical Engineering – 1979 Univ. of Pennsylvania
Doctor of Jurisprudence 1982 University of Texas @ Austin
Licensed by the Supreme Court of Texas since 1982.

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