Welcome To The Law Office of Mac Morris.

Probation

Probation Violations and Motions to Adjudicate:

You have been accused of a violating a term or condition of your probation. What does that mean? Well it means that you are now being accused of not living up to your end of the agreement you made with the Judge to follow certain rules instead of going to JAIL!

If you were given Deferred Adjudication Probation originally, then you are now open to the FULL range of punishment just like the case is starting over! This means the Judge can sentence you to the maximum or through negotiations with the District Attorney you may be able to remain on Deferred Adjudication Probation (which keeps a conviction off your criminal record!).

There are many steps involved in the successful, effective representation of your Probation Violation case. They include:

Initial phone call to my office.

An explanation of your Constitutional and statutory rights which are limited since your on probation!

Intake interview (initial client information developed).

Office interview. I will discuss your specific probation officer and conditions.

Detailed questionnaire and personal background and probation history.

Contract & fees (after you decide that my office will represent your best interests).

Investigation & research of all relevant laws and the specific allegations in your Motion to Adjudicate/Revoke your probation. I get discovery from the District Attorney and evaluate the available options such as keeping you on probation or reducing the amount of jail time.

Court appearances, plea negotiations and plea bargains, and contested hearing preparation You may either fully contest the charges by setting your case for a plea of NOT TRUE to the allegations or you may negotiate a plea bargain with the District Attorney-meaning if you plead true to the allegations what is your punishment?

However, if the allegations by your Probation Officer are found to be TRUE by a plea of guilty or after a contested hearing you may be ordered to serve a period of confinement in jail and/or pay a fine plus all costs of court proceedings OR may be placed back on probation with many terms and conditions in addition to a period of jail as a sanction for your violations. This detention and/or arrest may remain a permanent part of your criminal record and professional background history.

For your free office consultation, please call Mac Morris at (972) 673-0083. I will personally meet with you to discuss your situation. Reasonable payment plans are available and most credit cards are accepted for services.

BASIC CONDITIONS OF COMMUNITY SUPERVISION

(ALSO KNOWN AS PROBATION)

Article 42.12 Code of Criminal Procedure

DWI / DUI Offenses

Drug Offenses

Assaultive Offenses

The judge of the court having jurisdiction of the case shall determine the conditions of community supervision and may, at any time, during the period of community supervision alter or modify the conditions. The judge may impose any reasonable condition that is designed to protect or restore the community, protect or restore the victim, or punish, rehabilitate, or reform the defendant. Conditions of community supervision may include, but shall not be limited to, the conditions that the defendant shall:

Commit no offense against the laws of this State or of any other State or of the United States

Avoid injurious or vicious habits;

Avoid persons or places of disreputable or harmful character;

Report to the supervision officer as directed by the judge or supervision officer and obey all rules and regulations of the community supervision and corrections department;

Permit the supervision officer to visit him at his home or elsewhere;

Work faithfully at suitable employment as far as possible;

Remain within a specified place;

Pay his fine, if one be assessed, and all court costs whether a fine be assessed or not, in one or several sums;

Support his dependents;

Participate, for a time specified by the judge in any community-based program, including a community-service work program under Section 16 of this article;

Reimburse the county in which the prosecution was instituted for compensation paid to appointed counsel for defending him in the case, if counsel was appointed, or if he was represented by a county-paid public defender, in an amount that would have been paid to an appointed attorney had the county not had a public defender;

Remain under custodial supervision in a community corrections facility, obey all rules and regulations of such facility, and pay a percentage of his income to the facility for room and board;

Pay a percentage of his income to his dependents for their support while under custodial supervision in a community corrections facility;

Submit to testing for alcohol and controlled substances;

Attend counseling sessions for substance abusers or participate in substance abuse treatment services in a program or facility approved or licensed by the Texas Commission on Alcohol and Drug Abuse;

With the consent of the victim of a misdemeanor offense or of any offense under Title 7, Penal Code, participate in victim-defendant mediation;

Submit to electronic monitoring;

Reimburse the general revenue fund for any amounts paid from that fund to a victim, as defined by Article 56.01 of this code, of the defendant’s offense or if no reimbursement is required, make one payment to the fund in an amount not to exceed $50 if the offense is a misdemeanor or not to exceed $100 if the offense is a felony;

Reimburse a law enforcement agency for the analysis, storage, and disposal of raw materials, controlled substances, chemical precursors, drug paraphernalia, or other materials seized in connection with the offense;

Pay all or part of the reasonable and necessary costs incurred by the victim for psychological counseling made necessary by the offense or for the counseling and education relating to acquired immune deficiency syndrome or human immunodeficiency virus made necessary by the offense;

Make one payment in an amount not to exceed $50 to a crime stoppers organization as defined by Section 414.001, Government Code, and as certified by the Crime Stoppers Advisory Council; and

S.C.I.P.

Ignition interlock device

Drug evaluation (JAIL AS A TERM AND CONDITION OF GETTING PROBATION)

No victim contact/no entry (The DA will be asking the Judge to place you in jail for 72 hours up to 30 days

DWI 1st school as a condition of the privilege of being placed on probation. This is “time out”

DWI repeat school for adults. We can oppose this request; it just depends on the judge, on you, on

No driving at all your case facts, and the judge can decide not to impose a jail sentence as T& C.)

Drug school

Victim impact panel

Alcohol Anonymous

Life Skills program

Proof of auto insurance

Alcohol Use. Beginning today and for the next ____ consecutive days, do not drink any alcohol.

Restitution: pay for amounts owed to a victim; damages to property; insurance deductibles; amount of bounced checks.

Driving. Beginning the date the judgement is signed, you may be ordered to not operate a motor vehicle at any time unless in possession of a valid, unsuspended, unrevoked driver’s license or an order granting an occupational license and unless the vehicle is then covered by liability insurance satisfying the Safety Responsibility Act.

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