TDCAA Community
Modification Questions

This topic can be found at:
http://tdcaa.infopop.net/eve/forums/a/tpc/f/5253022042/m/4341070012

September 17, 2010, 14:59
Lauren C
Modification Questions
On 9/13/10 I adjudicated a juvenile on a lesser included Indecency with a Child (originally charged as 2 counts of Agg Sex Assault). At his disposition hearing, he was placed on probation. I found out this morning (9/17/10) that two days before he was adjudicated, he was arrested on a new offense, and that last night, that same juvenile (now adult) was arrested for a warrant for an offense (Assault on Public Servant) that occurred prior to his plea. I have no new offense that occurred after he was placed on probation, the only violation that I do have, is that after the plea, he was drug tested and was positive for marijuana. Is there anyway I can modify him at this point, and send him to TYC, then on to TDC?

Lauren Cook
Kaufman County District Attorney

September 17, 2010, 22:33
Adam Poole
I don't see how you can modify him since none of the offenses or drug usage occurred after he began his probation. Unless he fired one up in court after pleading True, the positive UA is still just evidence of conduct that occurred prior to the plea. Unless maybe he failed to notify his PO about his new arrest? Even then you may still have problems since it would be hard to argue that the probation department has exhausted all of its available resources on him when he's been on this probation for less than one week.

It sounds like you won't have to wait very long for another violation though.

[This message was edited by Adam Poole on 09-17-10 at .]