Blackwell, TX Criminal Defense Law Firms & Lawyers

Texas Code of Criminal Procedure 42.12 section 21 (c) provides: (c) In a community supervision revocation hearing at which it is alleged only that the defendant violated the conditions of community supervision by failing to pay compensation paid to appointed counsel, community supervision fees, or court costs, the state must prove by a preponderance of the evidence that the defendant was able to pay and did not pay as ordered by the judge. The court may order a community supervision and corrections department to obtain information pertaining to the factors listed under Article 42.037(h) of this code and include that information in the report required under Section 9(a) of this article or a separate report, as the court directs. If you do not have other violations, they cannot revoke your probation for inability to pay. I am not sure about "sanctioning" you for the inability to pay when the result is incarceration. The reason for this section is that in Texas we do not have debtors' prison for anything other than failure to pay child support. Did you also realize that if you are eventually revoked that you do not get credit for the time you served as a "sanction"? (Or at least I do not think you do. I know that you do not get credit for time served as a condition of probation.) If I were you, I would talk to a local lawyer to see if you can do anything about this, or contact a local law school to see if you can get help. I have not done research but this does not seem right.

It can be. It depends on the relationship between the defendant and the alleged victim. Also, the severity of the alleged injuries can determine whether a family assault is a misdemeanor or felony. You would need to provide far more detail in order for anyone to tell you more about a potential or existing charge.

Every arrest, charge and conviction "shows" on your record, forever, to anyone checking it. That is the whole purpose and meaning of "record". The effect on you is up to them. However, some CA convictions can be 'expunged' from criminal records by proper application and Petition to the court, but ONLY IF there was no felony prison time sentenced whether served or not, and if it was not for certain listed sexual crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. Sounds like yours may qualify. If successful, the conviction would be withdrawn and the charges dismissed. Expungement does NOT "clear", 'remove', "erase" or "disappear" the conviction, but does change the record to show an arrest with 'conviction reversed and charges dismissed by expungement'. The conviction is still a 'prior' or 'strike' for purposes of repeat offenses. Expungement does not restore firearm rights lost because of felony conviction or domestic violence restraining orders. That record is accessible to government agencies, law enforcement, courts, background checks, insurance companies, etc. Expungement will help in obtaining employment. When applying for a job in the private sector, in response to any question concerning your prior criminal record, you may ?legally? deny that you were arrested or convicted of the offense. However, you must disclose the arrest and conviction in any questionnaire or application for certification or licensing by any government agency [medical, legal, educational, professional, law enforcement, security clearances, bonding, etc], for public office, for a position as a peace officer, for contracting with the California State Lottery, or for purposes of serving on a jury. The licensing agency then will decide whether the nature of the past convictions and your record will bar you from licensing and employment in that field.