Can a probation officer have your probation revoked merely because he does not like the person that you live with?

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Can a probation officer have your probation revoked merely because he does not like the person that you live with?

My roommate was on probation 2 years ago and had the same PO. They didn’t get along he would be very disrespectful and so my roommate had cursed him out a little. So the PO sent a motion to revoke his probation. My roommate lawyered up and his lawyer got the rest of his probation taken off 8 months. Well he is not on parole, or probation nor is he a felon, but my PO has been very persistent on me moving out of here and into a men’s home. They have a warrant now for my arrest motion to revoke? Can they do this to me; can I do anything?

Asked on March 17, 2013 under Criminal Law, Texas

Answers:

Jason Edward Niehaus / Law Office of Jason Edward Niehaus, PLLC

Answered 8 years ago | Contributor

Texas Code of Criminal Procedure article 42.12 section 11(a)(3) requires that a person on community supervision "avoid persons or places of disreputable or harmful character." If your PO has personal knowledge that your roommate has criminal history, then your PO could file a motion to revoke. 

There is an important difference between filing the motion and being able to win the motion. Just because a motion to revoke is filed does not mean that you will be revoked, HOWEVER it is important to address the issue quickly.

You need to hire an attorney to fully investigate whether the State can prove up the alleged violation.


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