What happens if a probationers probation ends, yet the court still has not given an order to remove their alcohol monitoring device?
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What happens if a probationers probation ends, yet the court still has not given an order to remove their alcohol monitoring device?
Someone is on deferred adjudicated probation for a felony in Texas. In the middle of the probationary term, they were court ordered to wear a scram alcohol monitoring bracelet for violating the term of no alcohol.we were told it would be removed December 2015. It has not been removed. The person’s probation period ends in 3
weeks, and we still have not received an order to remove the bracelet.we were told by the probation officer and scram people If the three weeks pass and he is legally no longer on probation, and the court still has not given an order for it to be removed even after his probation ends That he should take it off. Does this happen? What should he do if the court still hasn’t given an order for it’s removal once his probation ends? If he does remove it after his probation ends, could he get in legal trouble?
Asked on April 26, 2017 under Criminal Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If the court has terminated the probation term, then the court can no longer hold a defendant liable for a probation violation. So, you need to actually go the courthouse and see if the probation has been discharged or the time for the probation has officially ended. If the time for the probation has ended, the court no longer has jurisdiction to punish the defendant, even if he violated during the term of probation. So...if the probation is over, he can take off the SCRAM device....however, it would be better to have a court order to do so. It is an extremely easy order, but it still requires some "walking through." It really would be work the minimal funds to hire an attorney to walk through the order.
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