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?

Related Topics:
1 Lawyer Answer
John Michael Frick
John Michael Frick
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.