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  #1  
Old 03-22-2017, 07:01 PM
Miss New Name Miss New Name is offline
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Default I already completed 5 yrs. probation before they indictmented me

Convicted in 07 for dwi w/child 15 under.. Received deferred probation
For 2 yr. , then violation accused 2mo. before release. Collin co. Extended 1yr. Just to file violations again after 4 mo. 2017 I am still fighting this thing

FACT:
Went to ask for Original indictment 2 day ago & got a copy showing it was filed in 2012 . I had already done 5 yrs.probation before they idictmentd me

Q:
Who should I get help from ? My attorney is scared I think.
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Old 03-22-2017, 07:09 PM
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As I understand it, as long as the violations occurred within the probated time they can still revoke. If I'm wrong, someone will correct me. It sucks and I'm sorry this has happened to you
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Old 03-22-2017, 07:32 PM
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The timeline does not make sense. The indictment existed prior to your sentencing unless you waived indictment. Period. And if you waived indictment, they are not going to take it to the grand jury at some date after appearing in court and being given a deferred disposition.

Further, you claim you went to court in 2007 and received a deferred adjudication disposition for two years. Unless you absconded, then there is no way the case is still floating around in 2017.

Being someone who knows Texas jurisprudence, I am more inclined to believe there may have been a copy of the original indictment attached to a Motion to Adjudicate and it was file stamped with the submission of the MTA.

The other obvious thing is that you have obviously lived a charmed life to piss away THAT many chances and still be breathing fresh air. A deferred on a DWI is no easy task to accomplish, and that is even more true when someone was stupid enough to drive while intoxicated with a child in the vehicle.
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Old 03-22-2017, 07:57 PM
CenTexLyn CenTexLyn is offline
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Collin County procedural history explains a LOT more than is here, to say little else about the REST of the criminal history that has led to the pending MOTIONS (plural) to revoke.

The indictment in this case was filed on/about September 12, 2006 and then there were several resets before the original disposition during August of 2007. A Motion to Adjudicate was filed during May of 2009, with the warrant apparently not being executed until January of 2010. In September of that year, supervision was continued with the extension of the term for an additional one year.

The Notice of Violation was submitted during April 2011 and supervision was extended for yet another year, taking it to September of 2012. However, a new warrant would issue during June of 2011. After the case languished on the docket for another year, the gift of a deferred disposition was pissed away, err I mean the case was adjudicated to two years in the State Jail Division, probated for five years.

Another new notice of violation was filed in October of 2012 (quite the pattern here) and the warrant does not appear to have been executed until August of 2016.

The 2012 indictment copy would have been part of the packet associated with the adjudication proceedings.

But, beyond THIS case, you ALSO have the motion to revoke in ANOTHER Collin County case from the same era. Not to mention the pending matter in a neighboring County.

You need to be prepared for a trip to either Plane State Jail or Woodman State Jail. I simply don't see the Collin County courts being willing to extend supervision again given the procedural history and the demonstrated inability to follow simple conditions.

(For those coming in later, the above explanation is why it is never wise to use your name as a userID on a website, especially when it is a unique spelling)
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Old 03-22-2017, 08:23 PM
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Haha damn! And that boys and girls is an important lesson on internet safety! Show your children!
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Old 04-13-2017, 12:03 PM
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​Kinda thought I would get that about the children ...& yes that stupid​ed.. the story is entirely too long for me to have put it in the original post. I befriended someone in a town with 850 people ​, ​Blue Ridge Texas​.
​This lady's Father ​, ​Brother​ , ​ and ​G​randfather worked ​for​ the ​Sheriff's Department.
+++++++++++++++++++=++ EVENT DETAILS After taking our children swimming she was very intoxicated and did not want to leave ​, ​​ d​ue to a man ​, ​so when I forced her to do so she called 911 on me​. ​ ​She tried to ​jumping out of ​my ​moving car ​, ​required me to slam on my breaks and put it in park​, ​ where she threw​ my keys into the bushes. ​ ​I left her there ​w/ her children to avoid a fight , ​I had intentions of letting her mom know (who she still lived with)....but I was pulled over 3 miles from ​our ​ home​'s, ​ with my own children in the car​..
Pulling over there are State Trooper​r, ​​​​Department of Public Safety, and Collin ​County Sheriff's Department​ & ​ ​all on ​Hot Pursuit​t for a
WILD WOMAN w/KIDS THAT JUST LEFT A ACCIDENT .......
​DPS was my arresting officer ​ nice guy.​ he did all the sobriety test​ ,video from incident . This man actually stood up for me about the fact her family worked within the county and tried to avoid taking me himself after they argued a bit ​he did end up the chosen one... That officer only gave me a ticket for leaving a scene of an accident (used for.the 911 emergency​ ​call by women ) ​BUT a officer of ​ ​collin co.​​ ​Sheriff's Department ​after I was finished w/ DPS ​STUCK a hand held breathalyzer in my mouth and forced me to blow​ ​​again ( this is now 12x I had blown today )​ At that point I was told it read 0.084 . I don't believe I blew any alcohol content I hadn't drank anything of a substantial amount that day​ sips of Kim's drinks only.​
​​++++++++++FACTS++++++++++++++++++++++++
I did not want to plead guilty , although my attorney challenged me to find another attorney that could get me deferred on a DWI charge & of course I tried !! NO NO & NO is what I got....no money would be returned to us ...so we kept the attorney we had. Thought deferred would be "no problem"
​ ​1. paid all the fees and fines upfront even probation monthly fees.
​ 2. prepared motion for early release.
although the community service was hard due to​ w/​ small children and living in "BFE"​ ​Finished all but 3 months without even a letter for being before late & I was revoked due to fines not being paid. Explained to me as computer error. I keep everything so I even had receipts.​ Still to date this has not been revised but Olender did scratch the $1000. fine ​that I already paid in 2007. ​++++++++++++++++++ !st. REVOKE in 2010
Got court appointed lady & a mock trial that continued me for another year for​ ​(fines&53hr.​ ​community )​ ​ then 3 mo. ​into the extension ++++++​ another Motion to Adjudicate over missing a commitment given because they doubled the fines​ & ​ it became impossible to pay​ . Truly didn't agree w/the increase .​

+++++++++++++++++2nd Motion to ADJUDICATE
of course I actually had the FELONY CHARGE forever on record also
Gave me 45 days that I did on weekends and it took from Sept - Dec 15,2012 to finish . on December 19th. My probation officer had sanctioned me 2x for
1 or missing a report date​ but i was locked up on that date she
2​ ​she said my UA had liqueur in it.
Both untrue!
the 10 yr. has been​ is due to the fact I never get pulled over so warrants haven't been served.

​ NOW TO THE REPLY. ..........​and 2 questions
First thank you very much for responding but the second indictment is completely different from the first indictment different name of child & it is the female that called 911 child listed on 2nd. . My kids were in the car Not hers!
​ I think my main question is after so much time has went by
Have I lost rights for appeal​ ?
plead guilty & can't find an attorney that wants to waste there time ​ arguing with their fellow sharks !!
Should I file a grievance with the Texas bar association on 1st attorney​?

I'm absolutely sure something was done improperly in the court and definitely by the assistant district attorney. My judge was OLINDER of the 416th. and he is removed from seat for JUDICIAL MISCONDUCT on the TX Attorney Genera​l​​ ​ ( Ken Paxton ) case ​for ​ Grand Jury tampering. ..​t ​hat just proved to me that there is misconduct inside the ​416th you just have to have enough money and be an important person​( to other besides your family) for the case to get action.

​sorry for improper form and punctuations
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Old 04-13-2017, 12:16 PM
Miss New Name Miss New Name is offline
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Quote:
Originally Posted by CenTexLyn View Post
Collin County procedural history explains a LOT more than is here, to say little else about the REST of the criminal history that has led to the pending MOTIONS (plural) to revoke.

The indictment in this case was filed on/about September 12, 2006 and then there were several resets before the original disposition during August of 2007. A Motion to Adjudicate was filed during May of 2009, with the warrant apparently not being executed until January of 2010. In September of that year, supervision was continued with the extension of the term for an additional one year.

The Notice of Violation was submitted during April 2011 and supervision was extended for yet another year, taking it to September of 2012. However, a new warrant would issue during June of 2011. After the case languished on the docket for another year, the gift of a deferred disposition was pissed away, err I mean the case was adjudicated to two years in the State Jail Division, probated for five years.

Another new notice of violation was filed in October of 2012 (quite the pattern here) and the warrant does not appear to have been executed until August of 2016.

The 2012 indictment copy would have been part of the packet associated with the adjudication proceedings.

But, beyond THIS case, you ALSO have the motion to revoke in ANOTHER Collin County case from the same era. Not to mention the pending matter in a neighboring County.

You need to be prepared for a trip to either Plane State Jail or Woodman State Jail. I simply don't see the Collin County courts being willing to extend supervision again given the procedural history and the demonstrated inability to follow simple conditions.

(For those coming in later, the above explanation is why it is never wise to use your name as a userID on a website, especially when it is a unique spelling)
well thank you for the help. I hope your wrong . The other case, (seance your a busybody )
I Stopped PAYMENT for a shit Transmission job .I am sure Judge Lowlier has investment in that shop.. lol
I am new to the blog/post thing . It sounds like you really could have helped me if you wern't so interested in sticking it to me over not knowing how to use the services properly.
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Old 04-13-2017, 10:41 PM
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Quote:
Originally Posted by Miss New Name View Post
well thank you for the help. I hope your wrong . The other case, (seance your a busybody )
I Stopped PAYMENT for a shit Transmission job .I am sure Judge Lowlier has investment in that shop.. lol
I am new to the blog/post thing . It sounds like you really could have helped me if you wern't so interested in sticking it to me over not knowing how to use the services properly.
You are correct. She can and will help you but don't expect that help in the form of 'how you want it'. Expect it to be non flowery without the side of bow. Nevertheless expect good sound advice, but not all advice comes with an adagirl, the truth is tough sometimes and you DID come here asking advice.
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