Can I self-revoke myself on deferred probation?

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Can I self-revoke myself on deferred probation?

I signed for 4 years deferred probation and due to the inability to pay the fees I want to go to state jail and get it

over with. It’s a state jail felony; I got possession of controlled substances.

Asked on December 25, 2018 under Criminal Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You can technically file the motion and ask the judge for permission to go sit out your time....but if fees are your only issue, then I really suggest you explore other options.
A state jail felony is still a felony, even if you only do a 6 month period.  This means you won't be able to vote, possess a firearm, or get any number of jobs.  If you are ever in trouble with the law again, you will no longer be eligible for a probation.
If you complete your deferrred probation, you will be able to get a non-disclosure order so that no one in the public will know about your conviction.
I hear your concern about fees.  But keep in mind that as long as you are doing everything else you are supposed to do (reporting to your P.O., doing your community service, etc.), then the judge cannot revoke your probation just because you cannot afford to pay your fees.  So...comply with everything else, and do what you can towards the fees.  To demonstrate good faith, keep a record of all of the jobs and job retraining you apply for.  This includes going to job fairs, applying with temp agencies, asking for new job retraining through the Texas Workforce Commission.  Also keep track of every "gig" that you take on, (working a concert, donating blood, participating in a focus group)  With all of this effort, you will be able to show the judge or your probation officer that you have done everything possible to earn the funds to pay the fees.
If you really just want to be revoked, see if the state will offer you what is called a "12.44b" sentence.  This is where your charge is reduced to a misdemeanor and you sit your time out in county jail.  The main advantage of this is that it means no felony conviction.  However, it will still be a conviction.  Some apartment complexes and companies will not allow you to apply even with a misdemeanor drug conviction...but it won't be as bad as a felony on your record.
I apologize if I sound a little preachy....but I see so many people get frustrated, some defense attorney lets them cop and easy plea, and then they come knocking on my door when they can't get a gun, or an apartment, or a decent job because of the felony conviction.  After the deal is done...there won't be much anyone can do to "fix" the conviction.  My main goal here is to let you know that you can accomplish a self-revocation....but know there may be other much better options which will help you further down the road.


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