Q: sentenced 20 yrs for a violation (curfew) the new charge has been dismissed how long will the appeal process take?

A: Sadly, just because a new charge is eventually dismissed does not mean that a judge’s findings at a revocation hearing are incorrect. There are different burdens of proof when comparing revocation proceedings to trials on a new criminal charge (“preponderance of the evidence” vs. “beyond a reasonable doubt”). His appellate counsel should know more about how is appeal is looking and whether there are good arguments for attacking the judge’s revocation of his probation.

A: In all likelihood the dismissal of the new charge was because the judge revoked the deferred adjudication probation and sentenced to 20 years. If the revocation was based entirely on the new charge there is still a problem with the two burdens of proof affecting the case, beyond a reasonable doubt as to the new charge and by a preponderance of the evidence on the revocation. So, realistically, you should not expect relief from the direct appeal of the revocation case. That appeal, normally, takes a couple of years. The only real alternative may lie in post-conviction habeas corpus pursuant to Art. 11.07 Tex. Code Crim. Proc. In that proceeding you will have to concentrate on proving actual innocence of the charges giving rise to the revocation. Only then can it be said there was no violation of the terms and conditions of probation. Uphill fight, that can take another couple of years, and for the youngster doing the time, make sure he or she knows this is a long, uphill fight.