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View Full Version : Do I have to let a pretrial officer into my home?


Unrepentant Guy
Jan 27, 2010, 09:52 PM
I'm on supervised pretrial... action, for a 3rd dui in williamson county tx. (arguably the WORST county in texas), and my pretrial officer has been asking me questions like, "What's your schedule?" and "where do you park your vehicle?". Naturally, I have come to believe that she'll soon be hopping on her broomstick to come attempt the roust. My questions are: Do I have to actually let her into my house? Can I forbid her to enter rooms other than the kitchen/living room? My land is fenced and patrolled by guard dogs (a fact I have mentioned several times to her), will she attempt to enter anyway, thus being torn into tiny, bitter shreds? In short, what are my rights in this situation? At which point can I tell her to piss off?

Thanks in advance!
Unrepentant Guy

Unrepentant Guy
Jan 27, 2010, 10:07 PM
I'm on supervised pretrial... action, for a 3rd dui in williamson county tx. (arguably the WORST county in texas), and my pretrial officer has been asking me questions like, "What's your schedule?" and "where do you park your vehicle?". Naturally, I have come to believe that she'll soon be hopping on her broomstick to come attempt the roust. My questions are: Do I have to actually let her into my house? Can I forbid her to enter rooms other than the kitchen/living room? My land is fenced and patrolled by guard dogs (a fact I have mentioned several times to her), will she attempt to enter anyway, thus being torn into tiny, bitter shreds? In short, what are my rights in this situation? At which point can I tell her to piss off?

Thanks in advance!
Unrepentant Guy

twinkiedooter
Jan 29, 2010, 10:34 AM
What sort of paperwork did you sign when you were put on the supervised pretrial? I'm sure there is something in that paperwork that gives the PO entry into your home. And yes, you must allow this person in and they can go anywhere within your home meaning any room, etc. If you have for instance guns or knives displayed in your home on the wall I would suggest that you take them down and store them elsewhere until you are off probation.

You need to remember this is your 3rd DUI. The PO will be doing the recommendation to the Judge whether to put you in the slam or put you on probation. I'd be very nice to this person. But then with your attitude and your user name of Unrepentant Guy says it all.

Sounds like you have a real problem with any kind of authority.

Fr_Chuck
Jan 29, 2010, 10:39 AM
Normally pretrial home inspections are not only allowed but required, remember this is the person who is informing the judge as to what punishment to give you at sentencing.

So I am sure if you don't let them in your home, they want to see perhaps how much beer or other things like illegal drugs may be in.

I know as a PO officer and police officer if a person did not detain their dogs, we merely had animal control take them off to pound where the owner could get them latter.

twinkiedooter
Jan 29, 2010, 10:53 AM
Texas Criminal Status: A 3rd DUI is a 3rd degree felony.

Jail: A 3rd DUI can mean 2-10 years in the penitentiary.

Texas DWI Fines/Costs: Fines not to exceed $4,000. Other administrative and evaluation fees may be assessed. TX imposes a “surcharge” for a DWI on top of regular fines. The surcharge is $1,500 per year for three years for a second DWI offense and $2,000 if the person's BAC level was double or more the legal limit (.16).

Texas License Suspension: Yes, 180 days to 2 years. Occupational license may be granted based upon need.

Vehicle Impound: None.

Texas DWI School: Repeat offenders must complete a 32 hour DWI Repeat Offender Program.

Texas Probation: Terms of probation decided by judge or jury.

Texas Community Service: Minimum 80 hours, but no more than 200 hours.

Sounds like you're headed to the slam by these guidelines.

Also, your dogs are subject to being shot as dogs can be considered a deadly weapon. Texas is big on shooting animals. I wouldn't bank on animal control being called either. More like the PO shows up with an officer and the dogs go bye bye. I would never threaten the PO with I'll sick the dogs on you as that is a deadly weapon threat.