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What is the typical punishment for violating the probation for public intoxiction
Anonymous2 views2 answers
Last October of 2008, my friend was convicted of a public intoxication by the city of College Station, TX. I don't know how he came to his conclusion, but unfortunately he was under the impession that his community service hours were not mandatory but souly for the purpose of getting the PI expunged from his record. He also did not pay his court fine. Then, four months later he violated his 6-month probation by gettting arrested for a DWI. Now, he must return to court in a month and explain to the judge why he did not complete any service hours or pay any fines. What are the likely consequences he will be faced with?
There's no way for me, or any attorney here on attorneyqna.com, to predict what the outcome of your case is. What might happen depends on several factors: Your record, the particular facts of your case, the court, the jurisdiction, the judge and the DA. Only an attorney who has access to the police reports and can discuss the case in a face-to-face consultation would be in a position to give you a guess about possible consequences.
For a violation of probation, your friend could face any or all of the jail time that was leftover from the public intoxication case as well as his new DWI.
He needs an attorney to help him out on the DWI, as well as the probation violation.
Paul Holt WalcuttCriminal Defense AttorneyAustin, TX ·
Unless your friend had three prior convictions for PI, this offense was a Class C misdemeanor. That means he wasn't on probation, he was on Deferred Disposition for the 6 month period. The judge has scheduled him for what is known as a Show Cause hearing, that is a hearing where you friend has to show cause why the judge shouldn't revoke the deferred and give him a final conviction for PI. Class C's carry no jail time, so the worst that can happen is that he will get a final conviction for the PI and a fine of $500 (less the fine already paid in the form of a bond).
The more serious charge is the DWI which carries up to 6months in jail or 2 years of probation and a fine of up to $2,000. Your friend should talk to a local criminal defense attorney as soon as possible.
Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.
