My husband gave a false name during a traffic stop, will this violate his misdemeanor probation?

Question

He is on probation for a class B misdemeanor, criminal mischief charge. The county just picked up the 'false identity' thing and has issued a warrant for a class b misdemeanor. What is the most likely outcome of this, extension or revocation? He has never had a dirty UA or missed reporting but is a little behind on his payments. They have been willing to work with us on that so far but i'm afraid this new charge will change things.
Also we need to move to another county- in two days- due to financial reasons. How do we go about this without it being considered as absconding?
Help!!!

This is stupid. Just stupid. do you know how difficult it is for us to JUST SURVIVE???? You put people on probation for stupid things- in this instance we had a fight and my husband punched a hole in a motel room door. Before he went to court he repaid the damages, but was still given eighteen months probation.
He also had several unpaid traffic tickets (because we can barely afford our bills) and his liscence was suspended. We sold our truck and paid the tickets so his liscence would be reinstated. It took several weeks for this to occur- even after the tickets were paid- beurocratic stuff- and during that time he was again pulled over. He panicked and gave an old acquaintances name. He was driving me to the grocery store because I cannot drive myself- I'm epileptic.
It took eight months for the new charge to surface, but it occurred two days before he was sentenced to eighteen months probation. He's not a druggie or a criminal- just a guy with huge bills doing his best.

I've lived with him through these choices- so I KNOW exactly how and why he made them.
Have you ever had to choose between paying your rent and paying a ticket? Between electricity and supervision fees? I didn't think so.
My husband works eighty hours a week, and I work forty, and it's not enough. And he got pulled over because he changed lanes a little sharply, for a sobriety check- he was sober. He was driving me to the pharmacy- i'm epileptic and can't drive. Without him- my son and I can't do much- so when he was stopped he was thinking about me- i could not have even driven myself home and he would have been arrested. It's all about money. period. We don't have enough of it.
This week my son got sick. We can just barely afford our bills, so he gets antibiotics for christmas.
We don't sell drugs or steal. We don't rape kids. Save your self righteous BS for the people who do. You make me sick.

I asked this question to acquire information, to ask about the best course of action regarding the move and the charges. What I got was unilaterally self righteous judgment and very little real information. I can live very well without your attitudes. The complete lack of empathy or concern is disturbing.
Thanks for the help. I feel way better now- knowing that we can't move but can't afford to stay- and my husband will probably be locked up by christmas. There will be no one to drive us to the doctor or pharmacy- or grocery store for that matter- and I certainly can't afford our BASIC NEEDS on my own-
But that's OKAY- someone is probably waiting to adopt an eight year old boy when I can't support him, Right?
Probably for the best- I'm sure I lack the maturity to rear a child anyway.
My family is failing, and I don't know what to do about it. It's nice to know people care so much.

OMG- now I have to defend myself against THAT? This is crazy- I don't pay for my internet access. I'm lucky enough to have an old computer- My husband rebuilt it after finding it in a vacant apartment where he worked as a maintenance tech- someone else's garbage- and a wireless adapter. My best friend and neighbor lets me use her signal- we're in a fourplex and it goes through the wall, in return I babysit for her two nights a week.
So I don't pay for it- if I had to I wouldn't be able to afford it. And yes, I thank god that I still have internet access. I don't know why I'm still looking at these answers.
To the one or two people who tried to answer my question without a lecture or moral judgement that they were in no position to make, I thank you, to the rest- I suggest they start going to church or meditating- they've obviously forgotten what it means to be human.

Answer 1

No offense - but this is all stuff that he should be asking his probation officer.

I am a probation officer. A "Condition 1" offense here in Texas is a new criminal arrest. A Condition 1 usually ends with a Motion to Revoke being filed.

If someone is on a felony probation and they commit a misdemeanor, quite often the probation isn't revoked. But, with him BEING on a misdemeanor probation, and him committing ANOTHER misdemeanor - more than likely, he will have a motion filed. If U are lucky - maybe they will do a "combination deal" and combine the punishment for the revocation AND the new offense.

It was also a SUPER, SUPER poor decision for someone on probation to make another pour decision like that. It's obvious that the "2nd chance" his 1st probation gave him didn't make any impact on him - as he is out committing new crimes.

As for moving - don't do it w/o permission beforehand. That will just be another violation on his motion to revoke!

Answer 2

Most definately, when you are put on probation that is the court telling you we think you know better and are gonna give you a chance to do your time at home rather than in jail. As a condition of your probation it states to (have no negative contact with the police). Giving false Identity to a police officer is definately negative contact.

Answer 3

A second charge on top of being on probation for the same level offense? Sounds like jail time to me. If you leave the area without notifying probation officials, that's just asking for more grief. How about your husband start obeying the law for a change? Sorry to be so harsh, but there's a right way to live, and a wrong way.

Answer 4

They could violate him and make him do a little time, or they could just add time to his probation.

Doing anything on probation or parole is very stupid.

The only reason I'd lie about my name while on probation would be because I didn't want the cop finding out I was searchable, then searching me because I knew I was rollin' dirty.

Ask the guy to clean up and fly straight.

Answer 5

The best advice that I can give you is to talk with your lawyer for the best advice and maybe he/or she can help help you.
The false identity thing will have to be worked out between your lawyer and the prosecutor(DA),I hope they decide to give him an extension,but you never know laws are different in each state.
Good Luck

Answer 6

Let me see if I get this straight... Your husband damaged someone elses property, but you feel because he repaid the money, that makes is OK? Thats called restitution. Of course he will be paying for the damage. Plus the criminal charges for destruction of another persons property. You're kidding me right? Then he parks his car illegally, in violation of our laws, basically saying...to hell with eceryone.... then fails to pay the tickets and loses his liscence? We are supposed to feel sorry for him??? This is EVERYONE elses fault but his, I assume, correct?
The whole point of probation is to give a person a break and a second chance to do things right and be a proper member of society. Your husband is obviously not worthy of that privilege. First, he is doing whatever he was doing to get stopped. Then he lies to the police. My guess is he also failed to tell his PO of his interaction with the Police in the first place ( and in turn his lie to them). Now he wants to move? I think he is moving alright...to wherever your state prison is.
He was given a break on the first charge and has deemed himself unworthy of that break, He will most likely be violated and sent to jail on the old charge while he awaits trial on the new one. You don't need help, you need a husband who can get his act together.

he has huge bills becuase of his own actions. He should have thanked his lucky stars for probation, yet you sound like it was cruel and unusual punishement.
The position you are in now is 100% his fualt and nobody elses. Nobody told him to park illegally. Nobody told him not to pay tickets. Nobody told him to destroy private property. Nobody told him to drive on a suspension. Nobody told him to commit a traffic offense and get pulled over. Nobody told him to LIE to the cops in direct violation of his probation.
Now you are going to move, against the rules, and when he gets caught, you are going to blame it on everyone else, I assume?

Answer 7

Waaaaaa! My life his hard and I have problems. Lady, everyone one of us makes choices in our life. Your husband made his choice to vandalize property, plead guilty and accept probation, lie to a police officer, commit traffic violations, not pay the fines, etc, etc, etc.
I doubt anyone feels too bad for him. Sounds like he just has to straighten up. Take a bus or get a cab

Answer 8

honey, we ALL have bills. Just because you and your husband have them doesn't make you any different.

You say he "panicked" and made ANOTHER bad choice.....sounds like he needs to find some maturity and responsibility and you need to quit making excuses for him. You are both adults. Act like it.

Answer 9

fine and points on the licenses. the sister will find out later on. so be a liar and cause an innocent person hardship. why to go, family member.

Answer 10

Thank god you still have internet access.