Asked in Criminal Law for Texas

Q: Probation officer forgot I was ordered to do several weekends in jail. Will I still have to do them?

I am on felony probation. I got revoked 17 months ago and was ordered to serve 5 weekends in jail and had 6 months to complete them. My probation officer never checks anything other than my fines and community service. She is very “dingy” but she has not mentioned the jail time I was ordered to do and it has been a year and half. Will I still have to do the time if she ever remembers? If the DA finds out can they recoke me even tho she hasnt done her job? I cant turn myself in to do the weekends without her first filing the paperwork she needs to with the jail

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1 Lawyer Answer
John Cucci Jr.
John Cucci Jr.
  • Criminal Law Lawyer
  • Houston, TX

A: Hi: You are in a bit of a pickle. I would like to tel you you will not have to do the time. A neat way to cover yourself( but might not work), would be to appear at the county jail on a saturday morning and ask to serve a weekend. If they send you away, as you seem to expect, then you will always be able to prove you made the attempt. Get names of who you contact at the jail.

The bad news is a stunt like I suggest, may backfire, and set-off an issue with your probation officer.

The other way to handle it would be to file for a release from Probation with the coourt once your term of probation is over. It might get signed and/or overlooked and you get lucky.

I wish I had a more solid answer. But the only other way is to send a certified letter to your PO requesting community service in lieu of weekend jail.

Good Luck!

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