Denison, TX Criminal Defense Law Firms & Lawyers

When a charge is filed, the prosecutor receiving the information from the officer makes a charging decision based on what that prosecutor knows with regard to the law and the facts. Prosecutors do not know everything and can make mistakes or miss information. Some times cases are overcharged (should be lesser offenses) but more often they are undercharged (could be higher level charges). So, if the charge was not correct or there is another charge that would fit the facts better, then when the case is being prosecuted the prosecutor can refile the charge (and often threatens to do so if the defendant is refusing to plea bargain with the prosecutor or rejects what the prosecutor believes is a fair offer.)

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.

He will be charged with a misdemeanor and an infraction. He will hire an attorney to negotiate them away. If he doesn't, the DMV will suspend his license for a year.