Arrested While on Probation

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Latest post 10-20-2010 10:56 AM by jonyfords09. 17 replies.
  • 09-25-2010 11:38 PM

    Arrested While on Probation

    This happened in the state of Texas.

    A friend of mine was arrested for DWI and put on on probation for 18 months.  


    Last night she came to a party at my house got very drunk and the cops were called. She was arrested and found to be in possession of marijuana. She was only charged with possession of marijuana between 0 and 2 ounces. 

    Since she got arrested last night in a different county than where she has probation will the county that she is under probation in find out about this charge?

    If so what will happen if they find out?

  • 09-26-2010 12:11 AM In reply to

    Re: Arrested While on Probation

    Pauldavid77:
    Since she got arrested last night in a different county than where she has probation will the county that she is under probation in find out about this charge?If so what will happen if they find out?

    If they haven't by now, you certainly did not do her a favor by posting on this website.  More than likely, they will find out.  The BEST thing you can do for your friend is to help her find a local attorney.

    Ok  I'm not a lawyer.  This is only my opinion /suggestion.  Most Replys' are based on information provided by the "original post" (OP).

  • 09-26-2010 12:17 AM In reply to

    Re: Arrested While on Probation

    Not to be rude but, I did not post enough information in this post for someone to be identified. 

    I am only asking this question because I don't want to bail her if she is going to go right back to jail, thats a waste of money.

     

  • 09-26-2010 12:23 AM In reply to

    Re: Arrested While on Probation

    Pauldavid77:
    I am only asking this question because I don't want to bail her if she is going to go right back to jail, thats a waste of money.

    Ok, well only her lawyer will be able to answer that question.

    Ok  I'm not a lawyer.  This is only my opinion /suggestion.  Most Replys' are based on information provided by the "original post" (OP).

  • 09-26-2010 12:52 AM In reply to

    Re: Arrested While on Probation

    My apologies.  My comment earlier was rude and uncalled for.  Your friend is in trouble, and should start seeking advice from a local attorney.

    Ok  I'm not a lawyer.  This is only my opinion /suggestion.  Most Replys' are based on information provided by the "original post" (OP).

  • 09-26-2010 7:54 AM In reply to

    Re: Arrested While on Probation

    Not two months ago someone posted about his arrest, including County, case number,and a confession...guess what the the judge was holding in his hand the day of the trial?  That's right, a printout of  this website.  So, although that wasn't your intention, Harris County probably already knows.

  • 09-26-2010 8:41 AM In reply to

    Re: Arrested While on Probation

    That isn't the first time we have heard about something like this happening:  courts, DAs, cops, IRS etc. are all using the internet now to find information on those they have cases with.

    That said:  your friend needs to consult with an attorney regarding the probation issue.  The reality is if they don't tell the PO and the PO finds out eventually then the damage could be worse.  If they are still sitting in jail (since you are trying to decide whether to post bail) then you can pretty much figure that the PO will find out.  Most probation requirements include informing the PO when the person gets in more trouble.

    What could happen?  They can violate them and they would have to serve all of the original sentence.  Judges are not happy campers when probationers ignore the requirements of the court.  Bare minimum they can be placed back on probation.

    As to posting bail:  if you post bail with the court the only way you would forfeit the money is if your friend jumps bail.  Given that they can't seem to stay out of trouble my personal opinion is that this is a risky financial adventure for YOU.  If your friend can't afford to post bail then they need to contact family or wait until a court hearing.  I know you want to help your friend but it may be that the best help they can get is to stay in jail and learn a lesson.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • 09-26-2010 12:18 PM In reply to

    Re: Arrested While on Probation

    This was obviously the wrong place to come to ask a question.

     

    There is no identifying information in this post at all, besides a county name.    Harris County has 5 million people residing in it and Fort Bend has about 1/2 million people.  There are many people on probation and many violate in this exact same manner.

     

    Had I posted information that would reveal identity I would understand but I didn't.

     

    I do appreciate some of the advice that has been given her, but I think someone founding out from this post without any identifiable information is pretty ridiculous.  

     

     

     

  • 09-26-2010 12:36 PM In reply to

    Re: Arrested While on Probation

    Pauldavid77:
    There is no identifying information in this post at all, besides a county name

    Cops and prosecutors and their investigators don't need a name to put two and two together.  You provided enough information about when and where the arrest occurred and for what for them to check their records to figure out who the defendant is.  While I'm sure a lot of people got arrested in Harris County on 9/25, how many were arrested for pot while drunk at a loud party that the cops responded to?  That's what the other posters were trying to explain to you.  Posters on here who have give too much information have been surprised when the prosecutor references their posts in court.  It's for the protection of your friend that it was mentioned and for no other reason.

  • 09-27-2010 8:06 AM In reply to

    • Petruslaw
      Lawyer
    • Not Ranked
    • Joined on 09-27-2010
    • NY
    • Posts 1

    Re: Arrested While on Probation

    Agreeing with the other responses posted in this forum, I must certainly say that using a forum on this clarification, with almost all details, is far from intelligence. Talk to your local attorney.


  • 09-27-2010 9:28 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 48,948

    Re: Arrested While on Probation

    And the broader issue remains if there is an apparent violation of probation is it not in the public interest to assist law enforcement in exercising  the appropriate level of protection of the general public?

    Had this individual driven home and wiped out a few innocent other people--where does that make sense.

    Now one has no duty to advise the PO in next jurisdiction--but think about it--if nobody turns in bad apples isn't the world just a bit less safe?



  • 09-27-2010 1:12 PM In reply to

    Nobody knows...

    If the cops who arrested her know about the probation, they can contact her PO.  Or they might be lazy cops and not care.

    Her PO likely has the ability to run a records check and could find the new arrest.  Or s/he might be a lazy PO and not care.

    Your friend probably has a probationary duty to report law enforcement contacts.  That's the catch-all to save the state.  Either they find out and she gets a PV?  Or they don't and she doesn't report it, which is also a PV.  And when they find out then she has two PV allegations.

    If they find out they can roll a PV.  Probation normally means a sentence was imposed and suspended for probation.  Upon a violation the sentence can be imposed.

  • 09-28-2010 3:21 PM In reply to

    Re: Arrested While on Probation

  • 09-28-2010 7:32 PM In reply to

    Re: Arrested While on Probation

    It is noted on this post that the cops were not able to use the print out because it was hearsay.   Also, this is a bit different I'm just asking if someone is going to find out.   I'm not talking about  going to trial and making up stories or taking letters.  There is no admission of guilt by any party in this post.

    The only good thing I got out of reading the last post was that it told me how to possibly get my post modified.  So you people would stop freaking out.

    This is the worst message board ever.   You would think this topic would be dead by now.

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