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How much can i be punished on a state jail revocation?
Anonymous2 views2 answers
I pled to a deferred adjudication on a state jail felony and received 2 years probation. I had the probation transferred from Texas to Iowa and was supervised in Iowa, but still was technically reporting to Texas. That is where I mailed my momthly installments on my fines, and my PO sent status reports to Texas. I had some issues during my supervision, a couple minor technicals and some traffic misdemeanors. My fines are completely paid in full, I did all of the community service, and the classes such as anger management and substance abuse treatment. The 24 months of supervision should have discharged in October. I'm being asked to report to TX for non-compliance with terms. With 7 months county time prior to plea, and 30 months since that plea, what is the worst they can do?
The answer to this question depends on the type of probation you signed up for. If you had deferred adjudication then you are open to the entire range of punishment which is 6 months to 2 years. If you did a "straight" probation which is a final conviction then the exposure may have been limited and that whatever the maximum time is will limit the worst case scenario.
While you only get credit for time actually spent in jail, you will get credit in most counties for any time you spent in jail on this case including any backtime that you have previously accrued.
I would contact an attorney quickly because if you already have a warrant for the revocation then if you fly in to Texas you may be arrested when you land.
If you are revoked on a state jail felony, you can receive between 6 months & 2 years in a state jail.
If there was a motion to revoke the probation filed, it must have been filed before October (your discharge date) or it is no good.
You only get credit for time you are in custody toward any state jail sentence.
Contact a lawyer in the county in which your probation is being revoked before heading to Texas to handle the matter. Better to handle it on your terms than to be picked up. Will get you "brownie" points.
