Hi there. This is my first time to post something online but here we go. So Im on 7 years defered adjudication probation. I've completed 4 years now and have paid all my fines, completed all community service, never had a negative U.A. and have complied with every stipulation of probation. I'm basically waiting for the clock to tick down. At my 3 and a half year mark I hired a lawyer and went to court in williamson county where Judge Ken Anderson presides. After hearing from my lawyer, the d.a. and probation dept. The judge decided to deny my early termination. I was in shock.. Now here comes the twist. Right before I went to court I had talked to my probation officer just to double check that I had done everything that I needed to complete before going to court. She had said 'Yes, and we will fully support you in court for early dismissal' so in my mind I was feeling good about the whole situation. Once in court my lawyer presented the case very well and then the judge asked the d.a. where they stood and of course they opposed. Then once he asked probation where they stood they completely opposed as well. I was in complete shock, because I know that they said they were going to support my early dismissal. The judge then goes on to say that after hearing from everyone. That he ussually has granted early dismissal for someone who has done as well as me. Unfourtunatley with someone with a track record like mine (a class A misdemeanor for possession and the current charge of a 3rd degree felony for organized crime) that he thinks Ill probably have to do the complete 7 years. After leaving court I get on the phone with probation and asked what happened. They told me I didn't come in for a review. If I had come in for a little 30 minute meeting to re-evaluate where I'm at in probation and how I'm doing that probatiton would have supported me in court. So since probation dept. basically dropped the ball with my case, I could have gotten off early. Im a current fulltime student in college with a 3.7 G.P.A. and would love nothing more than to leave my past where it belongs which is in the past, and move forward. My question is if I should attempt to go back again for early termination with the judge saying that I probably have to do the complete 7 years? Knowing that the probation dept dropped the ball, which could have changed the outcome.

You have three more years to go... you did well thus far. You can keep trying until the next time you are eligible for review... or just wait the full three years. While keeping your nose clean as you have.

One of the facts of life is this... while they may have made a mistake... you still wouldn't have been in this situation had you not did what you did. Ultimately they don't have the lions share of any blame for the situation.

Hello:

So, for lack of a 30 minute meeting, they SCREWED you for the next 3.5 years... Those lying bastards...

But, no. I don't think there's anything you can do... I wonder WHY your lawyer didn't know of this meeting. Seems like HE should have been communicating with the probation department...

excon

Yes I completely agree excon. I asked my P.O. "Is it my job to do your job for you? Because if it is I will, just tell me what I need to do. If I need to come myself and file the paperwork I will". I truly don't understand how you miss such an important key element in the process of early dismissal. Completely ludacris.

Hello again, R:

I changed my mind... Have your lawyer file a motion to set aside the judgment based on NEW evidence... The fact that the PO LIED, or is proven to be incompetent is new evidence... If the judge denies your motion, file an appeal... Hopefully this JUST happened to you, and your time limits haven't expired.

Again, WHY didn't your lawyer do this?

excon

I will go with EXCON on two things,

1. your lawyer dropped the ball big time, he should have had the written recommendation of the PO department prior to court to present as evidence.

1.a. also did you know about the 30 min review and just did not go?? If so why did you not go?

b. was the PO you talked to before court , in the court room to be called as a witness, so that they could be asked about this.

I think it is more than just the 30 minute meeting here. A third degree felony in exchange for a 7 year probation term should be well taken by you. You can be adjudicated no felon if you stick out the 7 years probation. So what is your problem? Are you just antsy in that you want off sooner than 7 years? You should be counting your blessings that you didn't get put into prison for at least 3 of those years AND had a 7 year probation on top of all of this.

Your lawyer needs a criminal refresher course but quite frankly it's ALL up to the Judge and chances are pretty good that you'll do every day of the 7 years before he terminates your probation and does the deferred adjudication thing for you. Judges don't like to "correct" themselves just because an antsy probationer thinks they are "too good" to still be on probation. Who cares if you completed your court ordered programs or paid your fines, etc. You have a much bigger picture to look at here. You are looking at throwing away your deferred adjudication if you mess up your probation. If I was you I'd think twice about rocking the boat with that particular Judge. He DID cut you a huge break here so why are you trying to mess this up?

Hmm.. I agree I am grateful I did not have to go to prison. I only had to sit in jail for 4 months to sign a plea bargin to get the 7 years porbation when in fact I was only guilty of a class a misdemeanor of receiving stolen goods. However williamson county would not come off the felony. I pawned something for an acquaintance of mine since he didn't have his I.D. Come to my surprise when I found out that this guy had 170 counts of theft. The D.A built a case involving 9 people including myself. They said that I was fencing the stolen merch that this guy was stealing and giving him the cash. When the only thing I did was pawn 2 items 1 time. TwinkieDooter I am grateful for everything I have in life. Im in school on my way to completeing my degree. Going to school full time and working as well. My schedule is super busy and I guess to me after 4 years of being on probation, every time I have to go back to see my P.O. its just a reminder of things I want to leave in the past. Going to meetings 3 times a week, the 62 bucks a month, the drive an hour away. My schedule is full. I have absolutey no free time. Maybe I am being greedy, but honestly I just want to move forward with everything else and leave the past in the past. Excon not a bad idea but this happened about 8 months ago.

Thanks for all the responses,
-R

Chuck : I didn't know about the review before court I only found out after, and no my home county P.O. was not in the court room. Only the director or assistant director of probation. Once I talked to my home county P.O. she said that if I would have had the review then it would have goten to the director and it would have changed what he had said. I asked if I could appeal or if there was anything that I could do and my P.O. told me unfortunately not, which I think is B.S.

The PO does not and really can not give advice on appeals,
And of course she does not want an appeal based on her lying to you.