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Possible Probation Revocation


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#1 Jenn13sway

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Posted 25 January 2013 - 10:58 AM

Texas- I've been on defered adjudicated probation for the past 6 years for a 1st degree drug charge, I have 4 years left. Two years ago I got a public intox and I told my probation officer about it, I took probation on the charge since it was in a different city and wasn't a county charge and it has been dismissed. In the past 2 years I have done Intensive outpatient relapse prevention,some weekends in jail and I've had a in-hom breathalyzer which I haven't been able to blow in every time for 90 days without missing any 2 hour window times. The court is now wanting me to do the ankle monitor scram unit for atleast 90 days. I feel like I have jumped through enough hoops and I'm to the point of giving up and serving time. I'm on workers comp, have a 3 year old son, and can not afford a scram unit $360 + a home phone line for it to be downloaded. I also think its a setup to fail considering conditioner has alcohol in it, deodorant, and other everyday items. I've asked for a lie detector test which they are not willing to give at this time, and I don't know what my options are. I've never failed a ua, and that is my only violation. I need some advice. I have till the 7th to decide whether to turn myself in, or get the scram unit which after 90 days they will look over the report, but there are no guarranties.

#2 Fallen

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Posted 30 January 2013 - 08:19 AM

I'll note that you didn't ask a question, and as such it's a bit hard to pin down on precisely what you're seeking feedback.

"I've had a in-hom breathalyzer which I haven't been able to blow in every time for 90 days without missing any 2 hour window times."

We can't know what "haven't been able to" means or whether you have viable excuses; evidently, someone has been given reason to think not (including the public intoxication issue).

"I'm on workers comp, have a 3 year old son, and can not afford a scram unit $360 + a home phone line for it to be downloaded."

So ask a few local churches and charitable organizations for help; have a bake sale or ten.

"I also think its a setup to fail considering conditioner has alcohol in it, deodorant, and other everyday items."

Huh? Never mind; don't elaborate.

You have presumably ruled out that you qualify for assistance through the public defender's office (if not, that would be a good idea). Otherwise, you pester local legal aid, local law schools that may have senior student aid programs, local large law firms big enough to have a pro bono practice.

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#3 Guest_FindLaw_Amir_*

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Posted 30 January 2013 - 09:52 AM

Have you been charged with any crime? Have you discussed this matter with your probation officer?




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