Canton, TX asked in Criminal Law and DUI / DWI for Texas

Q: My son's court appointed attorney agreed to a six month Safe P program for a DWI.

The judge agreed and signed off for the six month program. The day the classes started, my son and the others in the same program, were told by an employee of the private company it is a nine month program, not six as the court had stated. Does the company have the right to extend the judge's signed court order?

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1 Lawyer Answer
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: In Texas, “SAFE P” is a part of the state's Substance Abuse Treatment Program (SATP) run by the Rehabilitation Programs Division of the Texas Department of Criminal Justice (TDCJ). It is a six-month in-prison program. It is not run by a private company.

A private company does not have the power to extend a judge's signed court order. My strong suspicion is that your son signed up for a nine-month program through a private company that is different than what the court ordered. Your son should check with his criminal defense attorney to make sure that he is enrolled in a program that will satisfy the judge's condition of probation.

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