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DEUEC
Dec 17, 2008, 02:58 PM
I live in Texas and I was placed on probation in 2005 and I reported for about 6 months and then stopped going. I know I have a warrant out but it has a bond. Do you think I can be reinstated if I turn myself in and bond out and maybe get a lawyer and talk to the judge or probation office?

Fr_Chuck
Dec 17, 2008, 03:00 PM
The longer you stay out, the worst most likely it is going to be. You should have an attorney and make arrangements to have bond set when you turn yourself in, so you go in and get right back out.

Reinstated? A lot will depend on the original charges and many other factors, it is likely you will do some time unless this was a very minor criminal offense

twinkiedooter
Dec 17, 2008, 06:18 PM
Usually for probation violations there is no bond available. You would have to wait until your probation violation hearing in jail. How would you know it is bondable or are you guessing.

nmuray0911
Dec 19, 2008, 06:47 PM
Great advice!

nmuray0911
Dec 19, 2008, 06:51 PM
Basically you should make arrangement to turn yourself in( with an attorney) to reinstate probation would entirely be up to the judge..

DEUEC
Dec 24, 2008, 02:03 AM
Usually for probation violations there is no bond available. You would have to wait until your probation violation hearing in jail. How would you know it is bondable or are you guessing.


I have relatives who work at the sheriff's office and besides that's where I used to work and where I caught my case. But my relative looked it up for me and told me. What shold I do now? The bond is only 1500 so 10 percent of that is 150.

excon
Dec 24, 2008, 06:11 AM
Hello D:

Every warant has a bond. But, twinkie is right, in my view. They AREN'T going to let you bond out on a probation violation.

From a legal perspective, here's why. If you have NOT been convicted of a crime, the presumption is that you're innocent. The Sixth Amendment to the Constitution gurarantees a NON convicted person bail...

You, however, are NOT innocent. You HAVE been convicted. YOU haven't finished your sentence yet, so you ARE a PRISONER of the state. Until your sentence is finished, you don't have the right to bail under the Sixth Amendment...

But that aside, a couple weeks in jail should NOT make the difference in whether you turn yourself in so you can go on with your life.

excon

kriskain
Dec 25, 2008, 01:30 AM
Hello. I recommend that you become as knowledgeable as possible about your situation before actually addressing it. This task is not easy to accomplish from an in custody stand point. I would take the initiative now since the possibility of you getting booked at any time is a possibility. Two ways in doing so are:
1.) Review the legislative laws for the State of Texas. The Department of Corrections is a state entity, therefore, most every rule, regulation, policy and procedure in regards to DOC and you, (the Offender), are clearly outlined here. Ultimately, these are the laws.

2.) Go to the State of Texas Department of Corrections web site. In the search box add a term such as 'Policies', 'Escape', or 'Probation Violation".
Actually, you would know what terms to use better than I would since they differ from state to state.
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F.Y.I.- Less than ten years ago, the county courts gave up the majority of their supervision duties to the Department of Corrections. This was due to their extensive caseloads and schedules. Therefore, this put the offender solely in the hands of DOC after their court ordered sentenced had been finished and they were now being supervised. This supervision period is supposed to be a positive time in which you are wrapping up your obligations with the courts. The Community Corrections Officer (CCO), or Probation Officer is supposed to guide, or mentor, the offender through this transition phase.
It is to my knowledge and belief that the reality of it all is just the opposite. There is a huge misuse of authority by DOC officials. These individuals use the power to be able to incarcerate one as their main means of keeping someone under their supervision as long as possible. In other words, being DOC Active.
Just when you are almost through with your legal troubles, DOC sees to it that for one reason or another your supervision time extends way beyond what was court ordered. For some odd reason the Department of Corrections seems to think that high numbers are good in their business?? I don't get it.
What you need to be aware of is that DOC officials have access to all legal, crime, and police databases in which they are supposed to go through a step by step process when entering any thing in regards to you and your records. When your supervision end date arrives your CCO is supposed to remove your name out of any of these crime scopes. The judge on your case needs not to be informed that you have finished DOC supervision. The judge assumes that if DOC never comes in front of him requesting a bench warrant, then you have successfully finished your court ordered obligations and that DOC has taken the necessary legal steps to release you from the case
So, you may have a DOC warrant out for your arrest because DOC issued one and/or you may have a regular bench warrant out for your arrest initiated by the courts. There is a good possibility you don't have the second of the two that I mentioned. Therefore, when you get booked, you will not go in front of the judge on the cause number/s that you are under the supervision of DOC. There will be no return of bench warrant on those cases either. The only way you will go in front of the judge is if you have a new charge. Even then it will only be for your arraignment of the new charge, not the DOC supervised cases. So, if you have no new charges, you will sit in jail with no bail until the Hearings Officer comes to see you. There will be a DOC hold on you. This should be no longer than two weeks. During your hearing your attorney can not be present. It's you against them. So, as I advised-know as much as possible regarding your situation.
If so, you can beat the violations that are presented to you by DOC. The most valuable information that I could give to you is this: The courts supersede DOC on everything regarding your case. For example, the judge can terminate your supervision without any say from DOC. DOC is to follow the instructions of the judge in lieu of the court ordered instructions that were sentenced to you by the judge. Your Judgment and Sentence is supposed to be followed 100% by you and DOC. Be extremely familiar with your J&S.
I have found that in almost every case where there has been DOC supervision court ordered; once DOC solely has you under their jurisdiction they immediately begin to defer from your Judgment and Sentence in one way or another. This is against the law. This is why DOC rarely asks for a bench warrant from the courts. They just put the warrant out themselves as a DOC warrant. They don't want you to go in front of the judge because there is a good possibility of you being released from the case when he becomes aware of what DOC is illegally subjecting you to. Any judge would not be happy to hear that what he has sentenced you to has been modified by the initiation from DOC.
If you need any other information regarding the legal trouble you are in right now. Ask me. I'm sure I can give you some valid information.

Fr_Chuck
Dec 25, 2008, 09:10 AM
Also if you have family members who know you are wanted, and they work for the sheriffs office, and they do not either arrest you or turn you in, they can all lose their jobs for not doing their obligations and duty.

Also when they "looked" up your warrant, they would have accessed the NCIC records most likely, so what did they do with that log, it wouild have to say who wanted the info and why.