Pendleton, TX Criminal Defense Law Firms & Lawyers

I believe what is contained in the divorced judgment controls. There may be some extenuating circumstances due to your circumstances but I would consult with a lawyer to make sure.

No, you are not considered a felon while on probation pursuant to a deferred adjudication agreement. In order to have a felony conviction, there must be both a guilty plea or jury verdict of guilt, and a sentencing. Under most deferred adjudication agreements, the defendant pleads guilty and is placed on probation. Sentencing is postponed until after the probationary period is over. If the defendant successfully completes probation, the guilty plea is vacated and no sentencing occurs. Because sentencing does not occur until the probationary period is over, you cannot be said to be a convicted felon. Keep in mind, however, that should you be found to have violated the terms of probation during the adjudicatory period, and you have already entered a guilty plea, the case will proceed directly to sentencing and at that time, you will have a felony conviction. Also, if you commit a federal offense in the future, deferred adjudications count under the federal sentencing guidelines and could result in a higher sentence for the new offense.

You need to hire an attorney for the Motion to Revoke Probation and then that attorney can help turn him in if that's the right move. He absolutely needs to comply with all other terms of his probation and go to the next meeting. Call the probation officer and explain why you missed. Actually, hire an attorney first so they can advise you properly based on the County, Court and his history.