Dallas, TX asked in Criminal Law for Texas

Q: My fiancé was/is on probation for THEFT <$2500-2 MORE PREV supposed to be for 4 years.

He hasn’t been in any trouble since being on probation but he also hasn’t been checking in! 2 days ago he was pulled over for driving a car with the registration out and when they ran his name they arrested him. He’s currently a no bond how much time could he possibly be looking at?

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5 Lawyer Answers

A: It is good that your fiance has not been in anymore trouble since he was on probation. However, not checking in is a fairly significant problem. You need to hire your fiance a lawyer. That lawyer needs to get your fiance a bond. After the bond is posted and fiance is out the lawyer should meet with your fiance to figure out how to get him back on track. We have used this strategy many times to good effect. Essentially, the judge is going to be upset that he didn't do what he had agreed to do, and the best way to cure that is to show that he can be successful on probation. Following the above strategy with an attorney who is familiar with the judge in your fiance's case may be a way to keep him out of prison.

F. Edward (Ed) Brown agrees with this answer

A: In Bell County, Judges do not usually revoke probation on none violent charge for first time Motion to Revoke. Judge will usually impose sanction. He is entitled to bond if on deferred probation. In addition, Judges in Bell will also set bond even if on regular probation.

A: Was he on straight probation or deferred adjudication? That will determine his maximum jail exposure. Calling an attorney may help. Good luck.

A: How much time could he possibly be looking at for THEFT <$2500-2 MORE PREV?

Texas Penal Code 31.03(e)(4)(D) [Theft is] a State Jail Felony if the value of the property stolen is less than $2,500 and the defendant has been previously convicted two or more times of any grade of theft;

That means he is probably facing 6 to 24 months in State Jail, except if he has prior FELONY convictions it could be up to 20 years if enhanced under Penal Code 12.425. He could also just be sanctioned and continued on probation. Ask his criminal defense attorney what is LIKELY to happen rather than what could POSSIBLY happen.

A: How much time for THEFT < $2500 - 2 MORE PREV?

Texas Penal Code 31.03(e)(4)(D) [Theft is] a State Jail Felony if the value of the property stolen is less than $2,500 and the defendant has been previously convicted two or more times of any grade of theft;

That means he is probably facing 6 to 24 months in State Jail, except if he has prior FELONY convictions it could be up to 20 years if enhanced under Penal Code 12.425. He could also just be sanctioned and continued on probation. Ask his criminal defense attorney what is LIKELY to happen rather than what could POSSIBLY happen.

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