If I am on Felony Probation and get a DWI what will happen? 4 Answers as of May 20, 2011

My son is on Felony probation with two months left to date. However, he is about $1000.00 behind in fees. He also recently got a DWI. What will happen?

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Bristol & Dubiel LLP
Bristol & Dubiel LLP | Murray L. Bristol
The State can file a motion to revoke the Felony probation based on any violation of probation, which normally includes not breaking the law. Depending on the county where the case is out of would dictate the punishment one could face if the State can prove the DWI offense in a revocation hearing or at trial. This could range to continuation of the felony probation to jail time.
Answer Applies to: Texas
Replied: 5/20/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
The most likely scenario is that the DA will file a Motion to Revoke Probation and ask the Judge to send your son to prison on the original crime and then offer to roll the DWI into it (run them concurrent). It all depends on the jurisdiction, but this is my best guess based on what would happen here in the DFW area.
Answer Applies to: Texas
Replied: 5/19/2011
The Law Offices of Dustan Neyland
The Law Offices of Dustan Neyland | Dustan Neyland
If a person Is charged with a new criminal offense while on probation, it is typically considered a violation. The judge of the felony court will most likely have a warrant issued to bring your son before the court. The judge has two options. They can revoke the probation and hand down a sentence or keep your son on probation. The decision is completely up to the judge if they want to keep your son on probation.
Answer Applies to: Texas
Replied: 5/18/2011
The Purnell Law Firm
The Purnell Law Firm | Simon Purnell
Normally, probation carries with it certain terms and conditions that must be met; not the least of which is the requirement that no new law violations occur. Additionally, you are required to pay the fees ordered by the court and calculated by probation or community supervision as they are now known. In your son's case, his main issue is going to be the new law violation (DWI). Probation will probably have the DA file a motion to revoke probation with that violation as their lead argument. The failure to pay fees alone is never a reason to revoke if your son can show an inability to pay. However, it can be used to show that your son not only broke the law while on probation but also did not care enough to pay his fees. The defense, of course, is to fight the DWI (get a not guilty) and then simply argue that being in arrears was due to his inability to pay (i.e. because he was laid off, medical expenses, etc.).
Answer Applies to: Texas
Replied: 5/18/2011
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