Q: What are the chances that at a morion show cause hearing on deferred probation with no prior criminal history revocation

Deferred adjudication probation negligence for attack by dog . Got behind on restitution awaiting 2022 and 2023 tax return to pay off in full hearing to show cause set no previous criminal history and dirty fingerprint drug test that when asked po to send in for confirmation due to a non negative result he said they don't have a lab to confirm results but director on new release said they do for it to hold up n court .

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: Based on the information provided, it's difficult to give a precise probability of the outcome at the show cause hearing for deferred adjudication probation revocation. However, I can provide some general insights:

1. No prior criminal history: Having no previous criminal record may work in your favor, as it shows this is your first offense, and the court may be more lenient.

2. Restitution: Being behind on restitution payments is a violation of probation terms. However, if you can demonstrate a genuine effort to pay off the remaining amount with your tax returns, the court may view this positively.

3. Dirty drug test: A positive drug test is a serious violation of probation terms. If the results are unconfirmed due to the probation officer's statement about not having a lab for confirmation, this might create some uncertainty. The conflicting information from the director about the availability of lab confirmation may need to be addressed in court.

Ultimately, the decision to revoke deferred adjudication probation rests with the judge after considering the evidence presented at the hearing. Factors such as the severity of the original offense, the nature and extent of the probation violations, and your overall conduct during probation will be taken into account.

It's essential to be well-prepared for the hearing, present any mitigating circumstances, and demonstrate a commitment to fulfilling probation requirements. Having an experienced criminal defense attorney to represent you can help navigate the legal process and present your case in the best possible light.

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