What will happen regarding a misdemeanor possession charge while on felony probation?
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What will happen regarding a misdemeanor possession charge while on felony probation?
He has been doing fairly well on probation, Could the misdemeanor (marijuana less than 2 oz) just add more probation time, cause him to spend a short time in county, or is it just going to flat out revoke his probation?
Asked on April 15, 2012 under Criminal Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
When a defendant commits a new offense while on probation, the court has several options. First, they can revoke his probation and send him to prison, even for a new misdemeanor offense. Second, the judge can modify the conditions of probation to include drug/alcohol counseling, extend the time on probation, or order the defendant to serve up to 180 days in the county jail as a condition of their probation. Some judges are very strict and have a no tolerance policy for new offenses. Others are more proactive with rehab efforts. What exactly will happen will turn a great deal on the attitude of the judge, the prosecutor, and the probation officer.
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