Found an issue on this page? Let us know and we will look into it as soon as possible.
Can a theft charge (not conviction) > $50 ($65 actually) successfully revoke my dwi 3 probation?
Anonymous2 views3 answers
I've had a motion to revoke filed in rockwall county where I'm on felony probation, courtesy supervised in Tarrant, for dwi 3. I was charged for a $65 theft that I did not commit and my attorney says it will be dropped. A capias has been issued by rockwall. Can they do this and how do I address this without spending weeks in jail?
Of course. Any time you are on probation and are arrested on a new charge a pv can be filed. You need to hire an attorney who practices In Rockwall. That person will try to get you a bond set so that you can remain out of jail while the pv is pending.
Normally, a condition of probation is you not violate any laws. A theft would count. If it is dropped, probably nothing would happen. You should consult a lawyer now to deal with it.
Yes they can. And legally, your probation can be revoked even if you were found not guilty of the offense because the burden of proving the violation is less than the burden of proving the case.
Be sure that you have done EVERYTHING you are supposed to have done on your probation. If they file on something like this, there are very likely to be some at least technical violations.
You address this by hiring a lawyer to represent you on the motion to revoke and talking to your lawyer on the theft and trying to get it dismissed ASAP.
Whatever you do, do not miss reporting or create any other issues for them to bank a revocation on. If you know there is a warrant, go turn yourself in (after hiring a lawyer. But follow that lawyer's advice first and foremost.)
