Sunday, August 24, 2014

Probation Revocation

This is considered a technical violation of his probation.  He better have a good reason for not reporting.  He needs an attorney to speak with probation and the district attorney's office to see if they will continue or modify his probation.
Ultimately he is looking at up to two years and a ten thousand dollar fine if he's revoked.
Since this is considered a State Jail Felony offense he would have to serve his time day for day.  Meaning there is no good time credit for early release from state jail.

Hire an attorney now.

Sincerely,

Erick Platten


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Sunday, March 2, 2014

Do I have any rights when it comes to a probation officer visiting me at school?

Question:

Do I have any rights when it comes to a probation officer visiting me at school?

I recently was charged with burglary of a building. This was my first offense ever. I have spoken to a few attorneys and they all same this will probably end up with probation and community service, but no jail time. At first I was relieved to hear that because I absolutely didnt want to lose my grants and loans for school, but now I wonder if probation could be detrimental in the long run. I am currently going to school for cosmetology and the school I am attending runs like a real salon. Meaning I receive my training on the floor with clients they have booked for me. My question is do I have any rights about possibly working something out that my probation officer not coming to my school. My school could limit my clients due to being pulled off the floor by a probation visit =(

Answer:
Very doubtful they would come to your school. Probation officers have the right to visit you at home and work but sometimes they never visit you at home at all. Probation departments are different throughout the state and are subject to the requirements of CJAD (Community Justice Assistance Division). 

I was a probation officer in Dallas County in the 90's so I know a lot about probation. 

Just follow your conditions and don't give the officer any power over you to write up a revocation and you'll be fine. 
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My son got a DWI during his probation. His original probation was 5 years. What will happen and what does he need to do ?


QUESION:

 My son got a DWI during his probation. His original probation was 5 years. What will happen and what does he need to do?

 ANSWER:
Since he's on for a term of probation more than two years I know he is being supervised for a felony offense. 
Getting arrested is considered an "New Violation" and it will be reported to the court. 
The court will most likely file a motion to proceed to final adjudication or a motion to revoke his probation. 
If he's on deferred probation he is entitled to a bond being set so he can bonded out pending his revocation and trial for his DWI. 
It's important you hire an attorney that practices DWI defense. 
I'm in Tyler and practice many areas of Texas. 
If you'd like to discuss what your son needs to do feel free to contact me. 
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Accused Colorado theater shooter's trial date set for fall

Accused Colorado theater shooter's trial date set for fall.


The start of the multiple murder trial of James Holmes -- the man accused of shooting dead 12 people inside an Aurora, Colorado, movie theater -- has been set for October 14, a courts spokesman said.
Arapahoe County District Judge Carlos Samour set the trial date for Holmes, according to Colorado state courts spokesman Rob McCallum.
Earlier this month, the same judge ordered an additional, independent sanity examination for Holmes that must be filed by July 14.
Prosecutors are seeking the death penalty against Holmes, who is accused of opening fire in a packed movie theater during a July 2012 midnight showing of the latest Batman installment, "The Dark Knight Rises."
Authorities have said Holmes was dressed head to toe in protective gear.
He allegedly threw tear-gas canisters in the theater and then opened fire on the patrons, according to witnesses. Police say he used several weapons, including an AR-15 rifle, before fleeing the theater.
Outside the theater, the shooter was apprehended, identifying himself to police as "The Joker," one of Batman's archenemies.
He faces 166 charges tied to the rampage. He has pleaded not guilty by reason of insanity.
Prosecutors have argued that Holmes began plotting the attack while enrolled as a neuroscience doctoral student at the University of Colorado's Anschutz Medical Campus, a program he left a month before the mass shooting.
The defense, meanwhile, appears to be focused not so much on what Holmes allegedly did that night but his mental state then and earlier.

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Beer company pushes for new U.S. Holiday


Beer company pushes for new U.S. Holiday
How would you like an extra day off work? Well, you could get it if Budweiser has its way.
The beer company has petitioned the White House to make Opening Day of the major league baseball season a federal holiday.
So far, the petition has picked up more than 45,000 signatures – from across the country – and even though they'll need 100,000 by March 26th for the White House to even consider it – Budweiser is pretty confident.
But, do we really need another holiday in this country?
There are arguments for both sides.
Because, in addition to the 10 existing federal holidays, there are also a number of state holidays – official and unofficial – so some American workers get as many as a dozen holidays each year. And that's not even including paid vacation days.
Of course, compared to other countries, 10 federal holidays is nothing.
Take a look at this list of public holidays in other countries. As you can see the U.S. is way down on the list.
So is it time for a new federal holiday? Should it be Opening Day? Let us know in the comments section below.
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Saturday, March 1, 2014

Utah students caught smoking pot in igloo on campus

                              

Utah students caught smoking pot in igloo on campus.


This gives a whole new meaning to the phrase just chillin'.
Police said they busted four University of Utah students smoking pot -- in an igloo.
The igloo, tucked away in a wooded area in the Salt Lake City school's campus, was 5 feet high with walls that were 10 inches thick, campus police said.
"They did quite an elaborate job on it," campus police spokesman Garth Smith. "There was a cardboard door and a stick acting as a hinge."
The students didn't say much when police patrolling the area found them, he said, and it's unclear who built the structure.
One of the students had a backpack and was cited for possession of marijuana and paraphernalia, Smith said.
Though there were no arrests, the four were referred to the Student Behavior Committee after the January 31 incident.
It will decide on their punishment, which could include academic sanctions and expulsion.
Police tore down the igloo.

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I'm 17 and got my 15 year old girlfriend pregnant , could I go to jail? legal age of consent in Texas


                                      

Question:

I'm 17 and got my 15 year old girlfriend pregnant, could I go to jail?


I'm 17,live in Texas, and got my 15 year old girlfriend pregnant, could I go to jail? I turn 18 in two months. I have been with her for about two years now,but her parents might press charges.

Answer:
You need to tell your parents as soon as possible and set a time to meet up with the other family to discuss how the situation is going to be handled. 

Legally, the father of your girlfriend would have to consent to her being married at such a young age. 

There are other options such as adoption to consider too. 

However, if you are within three years of age from the other party it is a defense to sexual assault. 

Be smart, man up and talk to your family and determine how you want to handle this. If the two of you can not provide for this child there are people that could provide your child with a very good life. 

There are adoption centers or you could go through or a private attorney may donate their services to take care of the process if you didn't want to deal with an adoption center. 

I do wish you, your girlfriend and your child the best. This situation will work out. 


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