First off, I did a search for violating probation, and found little information that pertains to my own personal situation. And since laws, i guess specifically how strictly they are interpreted, change during the year depending on jail occupancy, etc., I thought I'd give my own personal experience to see if anyone else has had recent experience or knows anything to add:
I'm gonna let down the guard, lay out my whole story:
Original Offense: Possession of Marijuana (1/2 gram ) 04/10/2004
Probation Started: 08/01/2004
Probation Details: 18 months probation, 1 year license suspension, 80 hours community service, DOEA class
Other Info: No previous criminal record, I'm 21 yrs old.
Ok, so I fucked up probation. It started in Sept of last year 09/04, when I got depressed and was having trouble as it was, and got it in my mind to just go to jail and serve it out, thinking that was an option. So I started smoking again, and waited to be arrested. That never came, and in early November I decided to go to my probation, which I had missed for 2 months straight. I told my officer I wanted to get back on track, etc., etc., and that I had been smoking. She gave me a drug test anyway, but said to some extent basically "it's not your choice anyways to say hey i want to go to jail now", and long story short gave me every impression I could finish the probation.
Well, I didn't start off too well with that either this time. Until January, I didn't do any community service. Well in January I finally quit smoking, and got my life back on track. I started doing community service, and visited my probation officer 3 weeks ago, and showed her I was doing the work. I had 76.5/80 hrs done by last fri, when my friend got pulled over with me in the car. He had expired inspection. They ran my info, and found I had a warrant that was active since a week prior. I went to jail for the warrant, and later found out that on the paperwork it said "missed meetings in sept/oct, failed drug test, failed to do community service".
I know these are my mistakes, and their just coming back to bite me now. I really don't care to get into the discussion of blaming my probation officer for not telling me she was filing the warrant, I'm more concerned of what my options are now.
I have court in early March. I see my probation officer for a scheduled meeting this Wednesday, that should be interesting. I'll have my community service done by my court date, only 3 hrs left. I'm going to ask my probation officer if I should start doing more, hell I could do another 80 hrs before my court date to show I have genuine concern to stay on track now.
Here's my questions:
1.) Will they most likely force me to go to jail? If so, will I be on probation when I get out? (this is TX)
2.) If not, anyone have experience on what lengthened adjustments they may do to my probation?
3.) Say I continue on probation, I've failed 2 drug tests since Sept. Can they come re-arrest me for failing those? Or are all drug tests now void to this point of arrest?
I think it would be important to know, that while in jail, I found they are now offering 5 for 1 time served, their way overcrowded. So that might effect my chances of continuing probation. But on the same note, 5 for 1 considered or not, if I could just go to jail, serve my time, get out and not be on probation, I'd be content with that. Would it work that way?
Anyone who has violated probation and gone through this I would appreciate the responses. I know I see my probation officer in 2 days, and that she can give me some advice, but you gotta take my word that she isn't giving me the truth on everything and my options. She works for the state, and the county I live in, Montgomery, is notoriuos for having sly workers and a fucked up system.