How best to handle a probation violation?

UPDATED: Jan 25, 2011

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How best to handle a probation violation?

I was sentenced to 3 years probation and 6 months jail, which was suspended. The initial charge was theft by check. While I was on probation I went to a bar like an idiot and my P.O. found out. Worried that I was going to go to jail, I moved out of state (like an idiot retard). Basically I ran away like a coward. This was in 01/00. Fast forward. I moved back to TX in 2010. I am now married and have a 3 year old daughter. The whole time that I was running I never was in any kind of trouble. Now, being home, I want to do the right thing and turn myself in and face the music. The questions I have are these: 1. Has my probation already been revoked or is it still in violation in progress; 2. Will I be allowed to bond out when I turn myself in; and 3. What would the warrant be for that I would have now (probation violation or would it be something different)? Should I speak with a criminal law attorney?In  Deaf Smith County, TX.

Asked on January 25, 2011 under Criminal Law, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You sound like you have a come a long way since your original offense and that you have grown up tremendously.  Yes, I would get an attorney as soon as you possibly can to help you with this.  At this point there is probably a warrant for your arrest if you violated the probation and never returned.  So your attorney can work out a deal to voluntarily surrender yourself rather than waiting until you pass a red light, get pulled over and then get hauled down to the police station in front of your family.  Generally speaking when your probation is revoked you have to serve the sentence that would have been originally imposed for the crime.  So speak with your ttorney about how to soften that blow by enrolling in any program that will help show you have changed and/or intend to change.  Good luck to you.

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