Can an Motion to Revoke Probation be reinstated prior to the court date with written proof from the guilty party?

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Can an Motion to Revoke Probation be reinstated prior to the court date with written proof from the guilty party?

my husband was just given 5 years proobation 3 months ago for a felon in pos. of firearms case.the other day he was picked up by a friend. minutes after leaving.both arrested when drugs and gun were found hidden in the drivers car.the driver has no prior conv so why would the veh be searched/seized?why is my husb charged w/ a 1st & 3rd degree felony and the owner given a minor charge?in a txt msg the owner admits to not being my husb.can the MTR/charges be dropped with just the veh owners proof in writing that the items were not my husb?he is being held without bond because of this.

Asked on June 12, 2009 under Criminal Law, Texas

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am a lawyer in CT and practice in this area.  You are going to need to hire a lawyer becasue the arrest triggers a violation of probation.  There will be a hearing on this, which is separate from the new charge you describe.  With respect to the new charge, a note will not be sufficient unless the state's atty says so.  With respect to the arrest itself, I would have to see the police report to determine whether the police officer has the right to stop and search the car.  there are a lot of issues here to get over before you starting thinking about a deal.  With respect to the bond, you need to find out if you can get a bond hearing asap.  Hire a lawyer in town and get him the police report and the facts as i dont have enough here to give you difnitive directions.


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