Advice for probation

Discussion in 'General' started by Texas2912, Jul 28, 2016.

  1. Re-read my post. I didn't say time spent wait for the court date counted. The 3 months after the court date (after the probation was assigned) and prior to the first meeting with the PO did.
     
  2. You must not practice in any of the 254 Counties in this State. What you describe is NOT consistent with Texas jurisprudence. The term of supervision is what the Court imposes...they don't impose X months supervised with Y months total. Thousands in fines? Again, not in Texas. Fines are capped depending on the level of offense, and a Class B misdemeanor is CAPPED at $2K...but few get that amount, even on the DWI cases. For the purposes of this discussion, I am leaving out enhancements where a conviction exists that can be used to increase the penalty range to at least the next level of sentencing...

    As a general rule, the only people going to jail as part of the sentence on a Class B misdemeanor are the true dumbasses that cannot be bothered to follow the rules on supervision and even then they generally get a time-served plea on the revocation. In other words, beyond day associated with the original arrest and bond, if they sit for four days awaiting disposition at the first setting on the MTRP or MTA, then the sentence will likely be 10 days in jail if a 2:1 jurisdiction or 15 days if it is a 3:1 jurisdiction. Judges in this State generally take their local practice into account when imposing jail time...

    A deferred is as minimum as it gets since, successfully completed, the plea of guilty is withdrawn and the case is dismissed. People get the gift of deferred every single day of the work week in courts all over the State, both for misdemeanor cases as well as felonies.

    Since OP's issues are obviously Texas specific, what some other jurisdiction may or may not do simply is not relevant to the discussion.
     
  3. you are right...I did read through that too quickly...my bad. I've had too many calls already today where people were whining about not getting credit for the time they spent on bond or where they were being told they would lose street time if their parole was revoked.

    Sentences, as a general rule, are going to start where the gavel comes down. Time between arrest and disposition is just dead time as far as sentencing goes (provided you are in the community on bond). But it is also time where you do not have a conviction...some are not even having to do anything beyond calling their bondsman in the interim period of time.
     
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  4. I'm confused on what you're arguing here because you pretty much said what I did only with more words.

    I think it is worth noting that just because you don't see it doesn't mean it does not occur.:coolalt:
     
  5. My answers in this thread are based upon my experience with clients who have criminal history in many different Counties plus my time working with agencies around the State.

    You are claiming lengthier periods of probation with only part of it supervised, which is NOT how judges in this State impose the supervision. Further, you speak of thousands of dollars in fines, which is simply not the case on a Class B misdemeanor. In other words, what you are claiming people should expect is not consistent with Texas jurisprudence nor is it even remotely consistent with the provisions of the Texas Penal Code, the Texas Code of Criminal Procedure or the Texas Health and Safety Code. All three are relevant here since the pot charge comes out of HSC, the sentence range comes from Chapter 12 of the TPC and the terms and conditions related to community supervision (to include the deferred adjudications) come out of Chapter 42 of the CCP.
     
  6. Okay...:coolalt:
     
  7. The terms l
    the terms of your probation were far different than mine, because it wasn't an interference for you doesn't mean it isn't for others.
     
  8. I do want to thank you all for the replies, additionally I want to say that I'm far more aware of my rights now and my vehicle will never be searched again, riding dirt or not
     
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  9. Jail is an interference. Probation is a gift. Stop looking at this from your entitled millennial mindset. You get away scot-free by doing a few visits with a PO, instead of going to jail and having that on your record. Think about it. The fact that your angle is this is interfering with your life is ridiculously entitled.
     
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  10. I don't know much about you, like you don't know anything about me, so I would appreciate if you withheld judgments and generalizations about who I am or who the "millennials" are as a group. I deserve punishment, I knowingly broke the law. I accept that, I'm glad i didn't go to jail for less than a gram of pot because that would have seemed a bit extreme, but probation is an interference to me life. I should be out preparing myself for a future, but now I have to wait to apply for scholarships because of the crime I committed. Never did I complain and say "I don't deserve this" but the fact is marijuana is being decriminalized and even fully legalized in different parts of the country at a rapidly increasing pace, you're sitting here telling me I got lucky i didn't go to jail and that I should feel happy about probation, wrong. I asked this forum for advice on how to make it along on probation and possibly have it terminated early, nobody cares about your opinion on millennials, as a matter of fact if anyone here is speaking as if they're entitled i'd say its you, who thinks you're entitled to calling out an entire generation of people based on your opinion of me(a complete stranger)....plus I am a criminal aren't I? Can't judge everyone by some lowlife like myself. Thanks for your time and replies.
     
  11. #31 walterbishop, Aug 26, 2016
    Last edited: Aug 26, 2016
    I suggest you go tell your PO you would like to shorten your probation because it's an, "interference in your life," and see what they have to say about it. My guess is they will say something very similar to what I've already said to you. You likely know this already or you would have just attempted to speak to them rather than ask for opinions. :wave:
     
  12. I would've just sat it out. Pshh.. 30 days? 3 for 1 if you're a trustee. You would've done 10-15 days. Gotten out. No probation no fees..

    Sent from my SM-G900T using Grasscity Forum mobile app
     
  13. you did 2 stupid things in my eyes. you were broadcasting weed... with your keychain, how dumb,

    and a tag light too dim or out, is the perfect reason for the po-po to pull you....

    in my area a taglight will get u pulled faster than speeding will....to avoid the law you got to be hip to thier game,

    just stay clean while your on probation. or youll face more drama by pissing dirty,,,

    u should have told them '' no ur not searching my car get your drug dog here.'' and even that can be manipulated... go on you-tube and watch how they can make thier dogs do '' false hits'' it'll surprise you and teach u at the same time,
     

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