Arlington, TX asked in Criminal Law for Texas

Q: Who do I go to if someone was put on probation by mistake or misunderstanding

My son is being held for probation violation, but should not be on probation hoe to fix this, who do I go to

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1 Lawyer Answer

Kiele Linroth Pace

  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: It is 100 times easier to fight for your innocence BEFORE you are convicted or enter a plea agreement. Trying to undo a conviction after-the-fact is always an expensive long-shot, and it usually fails. Your son wouldn't even be on probation unless he entered a plea of guilty* or he was convicted at trial... and if it was a plea he might have waived his right to appeal.

If he has been on straight probation for more than a few weeks then it is probably too late to file a Motion for New Trial and the sentence can only be reexamined by an extraordinary remedy. If it was Deferred Adjudication Probation then it might be technically possible to withdraw his plea, but that might be a profoundly bad idea. You should consult with an expert in criminal appeals to determine what, if anything, can be done about the probation at this point.

It may be that the best you can do is hire a local criminal defense attorney to advocate on your son's behalf with regard to the possible revocation. It is possible that an attorney could convince the judge to give your son another chance to comply with the terms of probation.

* In criminal cases, a plea of No Contest has the same result as a Guilty plea.

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