Probation Revocation is NOT a hearsay “free-for-all”

Name: The Coffey Firm
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It is particularly accepted that that the rules of evidence do not apply to probation revocation hearings in Texas. This is a dangerous practice when it comes to people's liberty. Courts are starting to push back against this practice, but many issues still exist when it comes to probation revocation proceedings. Torres v. State Facts A recent case out of the 1st district of Houston is hopefully a step in the right direction. In Torres v. State, No. 01-18-01074-CR (Tex. App.-Houston [1st Dist.] Dec. 22, 2020), the Prosecution moved to revoke Defendant's probation for failing to "successfully complete" the SAFP program. One of...

30 April

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Questions About Texas DWI and DWI related Probation Revocations

Posted by Mimi Coffey

in Helpful Legal Information

Oh no! I Screwed Up My Texas DWI Probation! What Can I Do? I failed my interlock device. Am I going to jail? What will happen to me on Texas DWI probation if I test positive for alcohol on my drug test? (Assuming no alcohol is a condition of probation) How long does it take after you have a drink to pass a drug test for alcohol? These are all very common questions for someone who is on Texas DWI probation. Chances are if you are reading this, you may be facing a DWI probation revocation. Please call us immediately so that we...

28 April

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Probation Revocation

Posted by Mimi Coffey

in Helpful Legal Information

Oh no! I Screwed Up My Probation! What Do I Do? A probation revocation is a very serious legal issue. Often, it is more serious than getting the original charge. There are typically more options available when the original charge is pending. With a probation revocation, the options are much more limited. The case situation is far more serious as the judge, prosecutor, and probation officer view a revocation as a defiance of court orders. The first thing to do is to call our office. It is imperative that we speak with you before you speak with your probation officer. Anything...