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Texas Parole, Probation, Work Release & Community Service All information & questions relating to parole, probation, work release & community service in the State of Texas should be posted here. Also found here is information in creating Parole Packets, discussion of Parole Attorneys, etc.

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Old 07-12-2007, 10:26 PM
dunderwood dunderwood is offline
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Question Early release for DWI probation?

I am on 7 years probation for a 3rd DWI, which makes it a felony. The dates are 3/97, 7/2000, and 1/2004. They were all in Tarrant County. This is the first time I have been on probation and I've never been in trouble for anything prior to the DWIs. There were no injuries or accidents. I am 52 years old. I don't drink anymore: it wasn't that important to me in the first place. The three DWIs are all associated with lonliness and grief (first was when 16 y/o son died of accidental drowning, second was on his July 4th birthday 3 years later, and third was shortly after my new husband died of cancer--we were only married 6 months). The counseling I got as a by-product of probation was a God-send!!

I have paid the fine/court costs, have always been current with my fees, completed all my counseling/classes/community service, etc., and have never missed a meeting with my PO. Probation began 11/04. In 10/06 I was allowed to transfer to Brazoria county to be closer to family but I still send a report and pay fees to Tarrant County monthly. I've had an interlock device on my car from the get-go, and have never blown a violation into the device.

WHAT I WANT TO KNOW IS: IS THERE ANY POSSIBILITY OF GETTING RELEASED FROM PROB EARLY??? I'VE BEEN TOLD THAT IT IS NOT POSSIBLE BECAUSE THE OFFENSE IS A DWI. I AM PRAYING THAT THE INFORMATION IS WRONG. I was a Special Ed. teacher and my certification was suspended by the State Board for the amount of time I am on probation, so early release is very important to me. I am listed in Who's Who among America's Teacher's and would love to be able to return to that profession ASAP.

Any information or advice you might be able to give me is greatly appreciated.
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Old 07-13-2007, 03:43 AM
jojacks jojacks is offline
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I am sorrry for all of the grief you have had, but I am happy that you seem to be recovering from a serious problem. I am not 100% sure, but getting off probation early for your 3rd DWI is no likely. Have you talked to your PO about it?
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Old 07-13-2007, 04:50 AM
funtie8 funtie8 is offline
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I agree with Jo that it's not likely. I have a good friend who's ex is on probabtion and he's also paid off his fines etc and isn't able to get off. Other non agg offences don't really work like that when you've paid off all the fines but DWI is taken very serious. I don't know why it would matter if you were still on probation or not if you can for sure get a job teaching. Your prob. officer could write a letter of recommendation for you and let them know you have not reoffended or violated. Good luck.
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Old 07-13-2007, 05:31 AM
mc04399 mc04399 is offline
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I don't have the answers you are looking for but hopefully someone will come along with an answer. Good luck!
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Old 07-13-2007, 05:56 AM
Dances in Rain Dances in Rain is offline
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Anyone charged with a felony is not allowed to be near a public school in the state of texas -- they dont even have to be convicted yet to enforce this law. this is most likely why the certification has been suspended. Of course it is up to individual districts to enforce this law. If the state agrees to reinstate the certification after completion of the sentence, then the individual school board can vote to allow that person back on to the premises to teach. I am pretty sure the district would not be able to legally hire anyone who is on probation for a felony offense without risking some federal or state funding.

The law also applies for private certified schools - however when I ran a day care center I was told that I could hire someone with a record as long as their crime was not aggravated or something that could be harmful to a child. So, I suggest you explore some of the smaller schools that do not need public funding to continue. Perhaps a catholic school would not be bothered by this?

Also since you are special ed try places like day treatment centers for handicapped individuals. They are always looking for people to work with their special pops - I once worked at a center for kids with CP and while it was not a school environment it was still a lot of fun (for those of us who like that stuff) and a chance to do what I love best. Also check into working with organizations like JTPA, Upward Bound, Migrant Ed, etc. They may have different guidelines than a school and are always looking for teachers and mentors. Because of the nature of the job and clientele, they dont always care about certifications.

hope that helps a little - sorry i couldnt give better advice
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Old 07-13-2007, 06:44 AM
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I have to run off to sit with clients and don't have time to read though all of the replies so maybe it has been answered but it is not legally possible for a person to be released early from probation for an alocohol based offense. When I have a little more time I can come back and post exactly where to find it in the Texas statutes. Royce

Last edited by RobinsMan; 07-13-2007 at 06:46 AM..
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Old 07-13-2007, 09:47 AM
jojacks jojacks is offline
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I just talked to my ex son in law and he was on parole for DWI' and he said he tried to get off early because of work and they told him absolutely NOT!!!
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Old 07-13-2007, 10:19 AM
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vsbaby vsbaby is offline
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My advice is to speak to a professional regarding this. They and your PO would probably know better. It does'nt hurt to try. Good Luck.
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Old 07-13-2007, 12:03 PM
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RobinsMan RobinsMan is offline
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Ok, here comes da' text. Texas Code of Criminal Procedure 42.12 Section 20 part (b) is the operative part of what we are talking about. Part (a) describes reduction or early termination of probation but part (b) lists those offenses to which that option does not apply. Link is directly below and the applicable text is below that.

http://tlo2.tlc.state.tx.us/statutes...0.htm#42.12.00


CHAPTER 42. JUDGMENT AND SENTENCE
Sec. 20.
Reduction or Termination of Community Supervision
(a) At any time, after the defendant has satisfactorily completed one-third of the original community supervision period or two years of community supervision, whichever is less, the period of community supervision may be reduced or terminated by the judge. Upon the satisfactory fulfillment of the conditions of community supervision, and the expiration of the period of community supervision, the judge, by order duly entered, shall amend or modify the original sentence imposed, if necessary, to conform to the community supervision period and shall discharge the defendant. If the judge discharges the defendant under this section, the judge may set aside the verdict or permit the defendant to withdraw his plea, and shall dismiss the accusation, complaint, information or indictment against the defendant, who shall thereafter be released from all penalties and disabilities resulting from the offense or crime of which he has been convicted or to which he has pleaded guilty, except that:
(1) proof of the conviction or plea of guilty shall be made known to the judge should the defendant again be convicted of any criminal offense; and
(2) if the defendant is an applicant for a license or is a licensee under Chapter 42, Human Resources Code, the Texas
Department of Human Services may consider the fact that the defendant previously has received community supervision under this article in issuing, renewing, denying, or revoking a license under that chapter.
(b) This section does not apply to a defendant convicted of an offense under Sections 49.04-49.08, Penal Code, a defendant convicted of an offense for which on conviction registration as a sex offender is required under Chapter 62, as added by Chapter 668, Acts of the 75th Legislature, Regular Session, 1997, or a defendant convicted of an offense punishable as a state jail felony.

Texas Penal Code Section ...
49.04 Driving While Intoxicated
49.045 Driving While Intoxicated with a child passenger
49.05 Flying While Intoxicated
49.06 Boating While Intoxicated
49.065 Assembling or operating an amusement park ride While Intoxicated
49.07 Intoxication Assault
49.08 Intoxication Manslaughter

Last edited by RobinsMan; 07-13-2007 at 12:34 PM..
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Old 08-20-2007, 11:13 PM
Bitt Bitt is offline
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I heard that MADD passed some legislation stating that DWI offenders must serve their full probation term.
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