Friday, February 12, 2010

My husband gave a false name during a traffic stop, will this violate his misdemeanor probation?

He is on probation for a class B misdemeanor, criminal mischief charge. The county just picked up the 'false identity' thing and has issued a warrant for a class b misdemeanor. What is the most likely outcome of this, extension or revocation? He has never had a dirty UA or missed reporting but is a little behind on his payments. They have been willing to work with us on that so far but i'm afraid this new charge will change things.


Also we need to move to another county- in two days- due to financial reasons. How do we go about this without it being considered as absconding?


Help!!!My husband gave a false name during a traffic stop, will this violate his misdemeanor probation?
No offense - but this is all stuff that he should be asking his probation officer.





I am a probation officer. A ';Condition 1'; offense here in Texas is a new criminal arrest. A Condition 1 usually ends with a Motion to Revoke being filed.





If someone is on a felony probation and they commit a misdemeanor, quite often the probation isn't revoked. But, with him BEING on a misdemeanor probation, and him committing ANOTHER misdemeanor - more than likely, he will have a motion filed. If U are lucky - maybe they will do a ';combination deal'; and combine the punishment for the revocation AND the new offense.





It was also a SUPER, SUPER poor decision for someone on probation to make another pour decision like that. It's obvious that the ';2nd chance'; his 1st probation gave him didn't make any impact on him - as he is out committing new crimes.





As for moving - don't do it w/o permission beforehand. That will just be another violation on his motion to revoke!My husband gave a false name during a traffic stop, will this violate his misdemeanor probation?
In answer to your follow up question (it won't let me give a 2nd answer) - If the new offense happened BEFORE his current probation, then it will not affect his probation.





However, they may not give him a 2nd probation....

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To get permission, he needs to call his officer 1st thing on Monday. Moving w/i the same county isn't a big deal. Moving out of the county is more complicated. And, moving out of state is very complicated. Y

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Let me see if I get this straight... Your husband damaged someone elses property, but you feel because he repaid the money, that makes is OK? Thats called restitution. Of course he will be paying for the damage. Plus the criminal charges for destruction of another persons property. You're kidding me right? Then he parks his car illegally, in violation of our laws, basically saying...to hell with eceryone.... then fails to pay the tickets and loses his liscence? We are supposed to feel sorry for him??? This is EVERYONE elses fault but his, I assume, correct?


The whole point of probation is to give a person a break and a second chance to do things right and be a proper member of society. Your husband is obviously not worthy of that privilege. First, he is doing whatever he was doing to get stopped. Then he lies to the police. My guess is he also failed to tell his PO of his interaction with the Police in the first place ( and in turn his lie to them). Now he wants to move? I think he is moving alright...to wherever your state prison is.


He was given a break on the first charge and has deemed himself unworthy of that break, He will most likely be violated and sent to jail on the old charge while he awaits trial on the new one. You don't need help, you need a husband who can get his act together.





he has huge bills becuase of his own actions. He should have thanked his lucky stars for probation, yet you sound like it was cruel and unusual punishement.


The position you are in now is 100% his fualt and nobody elses. Nobody told him to park illegally. Nobody told him not to pay tickets. Nobody told him to destroy private property. Nobody told him to drive on a suspension. Nobody told him to commit a traffic offense and get pulled over. Nobody told him to LIE to the cops in direct violation of his probation.


Now you are going to move, against the rules, and when he gets caught, you are going to blame it on everyone else, I assume?
A second charge on top of being on probation for the same level offense? Sounds like jail time to me. If you leave the area without notifying probation officials, that's just asking for more grief. How about your husband start obeying the law for a change? Sorry to be so harsh, but there's a right way to live, and a wrong way.
Waaaaaa! My life his hard and I have problems. Lady, everyone one of us makes choices in our life. Your husband made his choice to vandalize property, plead guilty and accept probation, lie to a police officer, commit traffic violations, not pay the fines, etc, etc, etc.


I doubt anyone feels too bad for him. Sounds like he just has to straighten up. Take a bus or get a cab
He's going to jail, as well he should.





Enjoy your move. Be sure to let him know where you are so he can find you when he gets out.................
Thank god you still have internet access.
honey, we ALL have bills. Just because you and your husband have them doesn't make you any different.





You say he ';panicked'; and made ANOTHER bad choice.....sounds like he needs to find some maturity and responsibility and you need to quit making excuses for him. You are both adults. Act like it.
They could violate him and make him do a little time, or they could just add time to his probation.





Doing anything on probation or parole is very stupid.





The only reason I'd lie about my name while on probation would be because I didn't want the cop finding out I was searchable, then searching me because I knew I was rollin' dirty.





Ask the guy to clean up and fly straight.
The best advice that I can give you is to talk with your lawyer for the best advice and maybe he/or she can help help you.


The false identity thing will have to be worked out between your lawyer and the prosecutor(DA),I hope they decide to give him an extension,but you never know laws are different in each state.


Good Luck
Most definately, when you are put on probation that is the court telling you we think you know better and are gonna give you a chance to do your time at home rather than in jail. As a condition of your probation it states to (have no negative contact with the police). Giving false Identity to a police officer is definately negative contact.

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