Hey, where’s all the stuff about my rights?

Patrick v. State (Unpublished Memo): Patrick took ten years of deferred adjudication for burglary of a habitation. Then she went out and violated the terms of her probation up, down and sideways. 

When the court threw the book at her at the revocation hearing (18 years) she griped that trial court didn’t take the time to list all of her rights and ask if she was voluntarily waiving them (e.g. to remain silent, to have a hearing, to bring witnesses on her behalf, and to cross examine the State’s witnesses).

All of those waivers took place at the time she made her deferred adjudication plea. There’s nothing voluntary on her part about probation revocation. Therefore the trial court didn’t need to ask about her rights.

Leave a Reply

Your email address will not be published. Required fields are marked *