Legal Question in Criminal Law in Texas

in 2009/2010 i was on probation for a misdemenor, 5 days before my probation was to be completed, my probation officer let me now that she was going to ask the judge to revoke my probation, now that being said, a week before completing my probation, i was arrested on a felony. so "the judicial system" then puts my misdemenor on the back burnner til my felony case is resolved. i still had to go to my misdemenor court dates as well as my felony court dates. i asked my attorney what was going to happen w/ the misdemenor case since the felony had taken priority? to which i didnt get a responsefrom him, but a lady in the office said that it will run concurrent w/ my felony. so i took a plea on my felony case, which i received probabtion. since then ive returned to court for the misdemenor case, and was denied reinstatement of my probation and was sentenced to 40 days jail time. how is that possible? how am i supposed to do jail time and probation @ the same time? shouldnt the misdemenor case run concurrent w/ the felony? thanks for listening to my concerns.



Asked on 9/18/11, 4:01 pm

1 Answer from Attorneys

Cynthia Henley Cynthia Henley, Lawyer

You will do your misdemeanor time and when you are released, you will begin the probation. You are not in violation of your felony probation when you are in custody on the misdemeanor. The arrangements regarding the misdemeanor case should have been worked out at the same time as the felony but since they were not, then you have to deal with it as you have not worked it.

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Answered on 9/20/11, 7:22 pm

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