Legal Question in Criminal Law in Texas

My son is in jail on a MTR on a assault with deadly weapon charge. His probation officer called him in and arrested him because someone called in and said they seen him come out of the grocery with beer. Can he request to see who turned him in? It's his word against theirs can they revoke him for this with no evidence. He says he is innocent and will not take a plea bargain do you think this charge will be dropped? He can have gun with the charge he has but can be revoked with no evidence for some calling in.


Asked on 7/07/13, 7:17 am

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

If he does not accept whatever offer they make him when he goes to court, then they will have to have a hearing and prove up the allegations by a preponderance of the evidence which means that the "witness" will have to testify.

Chances are, sadly, that this is not his only violations. Probations are often revoked for technical reasons when the State cannot make a "major" violation.

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Answered on 7/11/13, 2:59 pm


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