I lived in Texas for one year. During that year, I had a misdemeanor assault conviction (I told a police officer to keep her hands off me, and pushed her hand away-I was arrested.) I have no previous criminal history, I am a 56 year-old soccer mom who volunteers at the school - and have for the last 15 years. I was sentenced to probation by a Harris County Judge. At that time, I told my lawyer that my husband had been transferred and he told me not to tell the judge as that would mess up my probation. At the first meeting for probation, I advised the intake person that my husband had been transferred and I needed to transfer my probation. She advised me that I had the only judge in Harris County who would not transfer my probation and I would have to stay in Texas and finish my probation. As I am a stay-at-home mother of three, and I do not work, this was IMPOSSIBLE. I called my lawyer to ask him to handle the matter at another hearing in front of the judge but he refused. I moved with my husband and a warrant was issued for my arrest.

In the new town where I live, I immediately went to the police department to advise them of my situation. They told me that Texas would not extradite me so if I was arrested, I would just sit in jail until the arresting county found that I would not be extradited. That won't work, because again--I am a stay-home-mother who can't be going to jail for say, a minor traffic violation. I have called lawyers in Texas and they tell me to come to Texas, be arrested, stay in jail until I can arrange a bond (not a good prospect as I do not live in Texas) then go to court, be sentenced to jail-which I am told will likely be one year.

This is crazy-I am not a criminal, I tried to follow the letter of the law, going to endless pre-probation hearings and paying all kinds of money for all kinds of things that were irrelevant (alcohol class - I don't drink and drug awareness class - I don't do drugs, I am 56 years old!) and trying to arrange probation out of town.
Is there a way I can get this all settled and do the probation where I live? Can the DA in Harris County help me? As this is a "hanging judge" can I get another judge and plead my case?

This is keeping me from volunteering in the schools as they do background checks for even the volunteers.

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Originally Posted by lisakunz

This is keeping me from volunteering in the schools as they do background checks for even the volunteers.

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Hello lisa:

It's going to do MORE than keep you from volunteering. I'm surprised the cops didn't arrest you on the warrant... I think OTHERS will. I also wouldn't get ANY legal advice from cops. They tend to be WRONG. Texas is NOT a state to trifle with. They LOVE to screw people, and they don't CARE that you're 56 and a stay at home mom... To them, you are a CRIMINAL who ABSCONDED from justice, and I don't believe they're going to let it rest..

I HOPE I'm wrong... I was wrong a while ago. But, we're talking about TEXAS here... Texas, who executes MORE people than any other state, and has the LARGEST prison population of ANY state - THAT Texas.

NO, the DA is NOT your friend. Your case is OVER. There's NO do-over. The BAD news is that you COULD have transferred your probation EASILY if you had the right advice back then... Leaving is the absolute WORST thing you could have done...

So, now that you've dug yourself an EVEN deeper hole, I don't know if you can avoid jail. The ONLY hope you have of doing so, is hiring the absolutely VERY best lawyer you can afford back in the county you got convicted in... I wouldn't call the turkey lawyer you had... He SUCKS.

excon

If you are/were not allowed to leave Texas and you did, you have violated probation. If you are not allowed to transfer probation your choice is to serve the time in jail to which you would have served had you not received probation.

You need a GREAT criminal Attorney to advise you. I think your original Attorney committed malpractice by advising you not to tell the truth, by the way. I'd call that person and tell him/her you followed the legal advice... and look where it got you.

There is no easy way around this. The Court told you not to leave the State and you left the State.

What were the circumstances of the incident between you and the Police? Is that why the legal system is taking a harsh view? In my area you put your hands on a Police Officer and there IS no probation.