Any probation officers ?

[Strummer]

Got a question for y’all’. So there is a guy a county over,Calhoun co that just pled guilty to a few dozen indecency with minor charges. Got 10 years probation. This happen about 10 days ago . So last night he got arrested again in a different county Victoria co for a warrant out of Jackson co . For online solicitation of a minor. How in the heck did he make bail in a few hours? How did that not revoke his probation? Good thing is he went right back to jail for a 3-35k theft charge.

[Mudcatz]

Takes time and signatures. They will file on him.

[buzzbait]

A judge has to sign off revoking his probation


Sent from my iPhone using Tapatalk

[tvc184]

Got a question for y’all’. So there is a guy a county over,Calhoun co that just pled guilty to a few dozen indecency with minor charges. Got 10 years probation. This happen about 10 days ago . So last night he got arrested again in a different county Victoria co for a warrant out of Jackson co . For online solicitation of a minor. How in the heck did he make bail in a few hours? How did that not revoke his probation? Good thing is he went right back to jail for a 3-35k theft charge.

If I understand correctly….

He wasn’t caught in the act but arrested on a warrant from a different county. When did the other crime supposedly happen?

So for example, let’s say he is accused of committing solicitation last October. The case was investigated and a warrant just now issued.

If he pleaded guilty in March 2023, I think he will only violate probation if he breaks a rule (drinking in public, arrested for a new crime, out after midnight when not working, testing positive for drugs, etc.) after he takes the plea. I don’t think he violates probation for something he did 9 months earlier.

Look at the DWI and other repeat offender laws as an example. Unless the law has changed, if a person gets arrested for DWI 4 times in one week but has no prior convictions, each DWI will be a first time offense when he goes to trial a few months later. AFTER he is convicted, another DWI rises from a B misdemeanor to an A. AFTER he is convicted of of the A misdemeanor and commits another, it becomes a felony. The enhancement doesn’t come until something happens “after” the conviction.

[gatt40]

Being arrested does not automatically revoke probation, the probation department needs to file an order then judge signs off.

[tps7742]

Got a question for y’all’. So there is a guy a county over,Calhoun co that just pled guilty to a few dozen indecency with minor charges. Got 10 years probation. This happen about 10 days ago . So last night he got arrested again in a different county Victoria co for a warrant out of Jackson co . For online solicitation of a minor. How in the heck did he make bail in a few hours? How did that not revoke his probation? Good thing is he went right back to jail for a 3-35k theft charge.

We, our system should take every effort possible in the very least to keep these type of animals off the street and not have access to our youth. Punishment can not be severe enough for these type of vermin. Hopefully he will be put away as you have stated.

[Strummer]

Thanks guys . Here is the latest I just was sent . Looks like they are going to revoke him . Probably the theft charges did him in . Either way this POS need to be locked up .

[tvc184]

Thanks guys . Here is the latest I just was sent . Looks like they are going to revoke him . Probably the theft charges did him in . Either way this POS need to be locked up .

It is interesting that the article mentions deferred probation/adjudication but doesn’t specifically mention this case (typical poor reporting?).

Assuming this guy was allowed deferred adjudication in his plea deal, which the article seems to imply, his probation could at the judge’s discretion, be changed from deferred (which is technically not a conviction) to regular probation (an actual conviction of a crime) without jail time assessed.

A little better reporting would have been better. One or two more sentences would have done a lot to actually explain what is happening.

[RSW0913]

the theft will trigger the revocation process.....doesn't always guarantee a revocation though. Depending on the Judge, he can be continued on probation as is (with jail time or other modifications), adjudicated (convicted) and put back on probation, or revoked and sent to jail/prison. Depends on the County, but in most cases a new offense is going to get you revoked. Not always a guarantee though......also, this isn't usually a speedy process. More than likely he will bond out and await his day in court on the revocation, which may take up to a year or more in some cases.

[S-3 Ranch]

I really don’t understand the system
We have a sexoffender who has a nine year old victim in town and he keeps repeatedly breaking his conditions ( like breaking curfew, living within 500ft from a youth league sports facility, giving children car rides to the store, being unattended by a chaperone in a church bathroom with children , using social media ) his PO does a MTR and puts him in jail , then the sheriff releases him because of the cost to keep him in protective custody and Covid cases at the county jail
A judge agreed and he’s back on the street .
I don’t know how that works

[Russ-T]

To revoke a probation there only has to be a preponderance of evidence (over 50% proven) that he violated any condition of his probation. Therefore, he can be revoked because of a new charge before convicted of a new charge. Also, he very likely could be on a deferred adjudication. Some prosecutors would rather a person like this get a deferred adjudication instead of a regular probation with a conviction. If a regular felony probation is revoked the judge can only sentence the defendant to 10 years for that case. If a person has a charge that is a second degree felony or higher and is revoked on a deferred adjudication, the full range of punishment is on the table. Therefore, if revoked on a second degree felony on a deferred adjudication the person could receive a full 20 year sentence.

[Strummer]

To revoke a probation there only has to be a preponderance of evidence (over 50% proven) that he violated any condition of his probation. Therefore, he can be revoked because of a new charge before convicted of a new charge. Also, he very likely could be on a deferred adjudication. Some prosecutors would rather a person like this get a deferred adjudication instead of a regular probation with a conviction. If a regular felony probation is revoked the judge can only sentence the defendant to 10 years for that case. If a person has a charge that is a second degree felony or higher and is revoked on a deferred adjudication, the full range of punishment is on the table. Therefore, if revoked on a second degree felony on a deferred adjudication the person could receive a full 20 year sentence.

Thanks for the info. Last thing I heard they are working to revoke over the new theft charge . Hope that’s the case . That low life child predator should of been lock up .