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.

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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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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Justin Bieber's Georgia fun interrupted; police find pot, pipes in limo search

A representative for Bieber declined to comment about the police report or the arrest of Bieber's bodyguard, Hugo Hesny, on a felony theft charge.

The Atlanta incident interrupted a relative calm three weeks in Georgia for the teen pop idol, who tweeted Tuesday that he was "focused on the music." He also tweeted "i love GA."

In contrast, Bieber's January was a whirlwind of controversy that included a DUI arrest in Miami, an assault charge in Toronto and a felony vandalism probe in Los Angeles.

The People v. Justin Bieber: The singer's court cases

Jail video: Bieber off balance?

Video of Bieber undergoing a sobriety test inside a Miami Beach police station on January 23 was released to the media Wednesday. He appeared unsteady at times as he walked along a white stripe on the floor.

Bieber failed a series of sobriety tests, including "horizontal gaze," "Romberg balance," "walk and turn," "finger to nose" and "one-leg stand" tests, the Miami Beach police report said.

The preliminary toxicology report on Bieber's urine sample said it tested positive for "metabolite of THC," which indicates marijuana use, and alprazolam, the generic name for the prescription sedative Xanax.

Bieber's Southern hideout?

The aggressive paparazzi who routinely tail celebrities in Los Angeles have sometimes clashed with Bieber.

The singer has been ticketed for speeding, which he blamed on his being chased by photographers. He was investigated but not charged two years ago after a photographer accused him of assault after a confrontation in Calabasas, California, where Bieber owns a mansion.

Although a hip-hop recording center, Atlanta lacks the robust hoard of photographers that stakes out all corners of Hollywood. But Jason Winslow, a Miami-based photographer who sells his images through the Splash photo agency, traveled to Atlanta to cover Bieber.

Winslow told police he was parked outside the Sandy Springs Funhouse, a north Atlanta "family fun center," waiting for Bieber to emerge Tuesday afternoon when Hesny told him to leave.

"He continued to take pictures from further away," Officer K.D. Sawtell wrote. "Eventually, that same person chased him down in a Cadillac Escalade as Winslow fled in his Chevy SUV."

Hesny, 32, admitted to police that he opened Winslow's car door and took the camera, but he said had no intentions of keeping it, the arresting officer said. He told police "he just wanted to delete the pictures from the camera."

He tossed the camera in the back of another Bieber SUV and then drove away, he told police. Winslow's Nikon camera, which he valued at $10,000, was found when police stopped the other Escalade. It was in that vehicle where the drugs were found, the police report said.

The driver, who was arrested but later released without charges, told police that he was just a driver and knew not to ask his client questions, the arrest report said.

The arrest of his bodyguard doesn't seem to have dampened Bieber's spirits. He posted on his Instagram account a photo of a panda at Zoo Atlanta with the caption "My bro" early Wednesday. Bieber also noted via Twitter that his 20th birthday is just days away -- Saturday.

"I love sleep," the singer tweeted Wednesday afternoon.

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Chris Brown ordered to stay in rehab another two months

The good news for Chris Brown is a luxury rehab center in Malibu is better than the men's central jail in Los Angeles.

The bad news is a Los Angeles judge ordered Brown to stay another two months in the anger management and drug rehab program he entered three months ago.

Although Brown's probation officer reported the singer "continues to make great improvement" in dealing with anger, stress and drugs, the judge decided during a hearing Friday he can't go free yet. He has to be tried on an assault charge in Washington first.

Only then will the judge decide whether Brown must go to jail for violating his probation in the Rihanna assault because of the assault arrest a few blocks from the White House in October.

Brown seemed disappointed by the decision, although his three months of therapy may have helped him handle the stress in court. He closed his eyes and appeared to meditate for about five minutes while his lawyer, Mark Geragos, met privately with the judge and prosecutor.

"Mr. Brown is able to use behavioral strategies to manage acting out on impulses," the director of his rehab program wrote in a letter to the court. "Mr. Brown is teaming relaxation exercises that will reduce consequent impulsive behaviors."

He also looks physically better during his latest court appearance, something noted by his lawyer.

The rehab director's letter revealed that Brown had been suffering from a "severe case of insomnia," which has been "stabilized."

Brown, 24, told his probation officer that he "appreciates what he has learned in the rehabilitation facility, as it has allowed him to change his life for the better," the officer wrote in his report.

Brown "looks forward to staying out of trouble," the probation report said.

He reports to a highway cleanup labor crew in Los Angeles three days a week to fulfill the 750 hours of service remaining in his probation requirements, the report said. At that rate, Brown could complete the labor in mid-October and possibly be free from probation requirements by the end of the year.

His legal troubles began five years ago when he beat then-girlfriend Rihanna in a rented Lamborghini on a Hollywood street. He pleaded guilty to felony assault in June 2009, which resulted in a sentence of five years of probation and 1,400 hours of community labor.

The judge has revoked Brown's probation twice in the last year, most recently because of his arrest on a sidewalk near the White House after allegedly punching a man.

Brown voluntarily entered a rehab program a day after being released from a Washington jail in October, but he was kicked out a few days later for "throwing a rock through his mother's car window" after a family session at the center, a probation report said. Brown was upset because his mother said she wanted him to stay in treatment, the report said.

"Mr. Brown preceded to walk outside and pick up a rock and threw it through his mother's car window and it shattered," according to letter from the rehab center included in the probation report.

His mother sat next to Brown at Friday's hearing.

Los Angeles County Judge James Brandlin will revisit Brown's rehab versus jail status on April 23, a week after the assault trial in Washington.

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Question:

Can I request another public defender?

Answer:

You can request one but you are not entitled to the attorney of your choice. If you want the attorney of your choice you will have to hire one. 
If you and your court appointed attorney are not communicating well that could be a reason the court would appoint you a new lawyer. 

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How can I get my probation conditions changed or modified?

                                     

Question:

How can I get a sentence modification, the probation assessment lacks facts?

Answer:

You need to file a motion to modify your probation with the court and request a court date.  On the date of the hearing you will be able inform the judge what problems you are having with your conditions and see if there  is an alternative to your current conditions.  

Hope this helps.

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Police Charge me with DWI with out seeing me drive. What do I do?

                                      

Question:

I pull into my driveway, and the 20 year old neighbor comes over screaming at me that I was driving too fast down the street, we live at the end of a dead end road. The girl and I start arguing and we get in a fight in my driveway. Her boyfriend calls the police. I go inside and have some drinks. 2 hours later the police show up. The police question the girl and her boyfriend and she tells the police I was driving drunk and that i assaulted her. They tell my roommate to go inside and get the keys to my car from my locked bedroom, then use the keys to go thru my car. About an hour and a half later another police officer shows up and gives me a sobriety test then place me under arrest. I have witness' to my drinking after the fight. Do I have any chance to beat this dwi?

Answer:

First law enforcement didn't see you driving so the credibility of you being behind the wheel is from the individuals you were fighting with. Also the sobriety test were not given at or near the time of any alleged driving. It's not illegal for you to consume alcohol at home either. 

The list of factors for your defense is long and interesting. 

There is a group of lawyers in Texas that focus on DWI law. I'm one of them. 

Do you homework and contact a qualified DWI defense attorney as soon as possible. 

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24 Hour Emergency
903-593-9100