“Judge Revokes Probation After 36 Violations | Victoria Hernandez Texas Court Hearing”

[transcript] Right out the gate, abandoning a child case, this courtroom is not starting light today. And deferred judication, that means she had a chance to avoid a conviction if she stayed clean. I bring Hernandez to his place on deferred judication in 2020 CR 8599 for the offense of abandoning a child with intent to return on January 4, 2021 for a period of three years. Is that new? Yes, ma'am. All right, state. Yes, Your Honor. By the end of the condition, number 13, on or about the 23rd day of April, 2024, and there are kind of types of defendants, Victoria of rings, and Hernandez, they've been in their operate. They motor vehicle without any balance. Exist driver's license and violation of the condition of the 13. How do you plead to that, true or not, true? Any objection? No objection, Your Honor. Did you understand by pleading true to violation of condition number 13, the court could find it true, grant the motion, find you guilty and sentenced you up to two years in the state jail facility and up to $10,000 fine? Did you understand that? Yes, Your Honor. Knowing that, do you still wish to plead true to violation of condition 13? I do. Court will find violation of condition number 13, true. Is there a proposed agreement? All right. State, what are you requesting? Defense, what are you requesting? Your Honor, a probation had made a recommendation to extend for one year placements, Hernandez, in a DDRF, followed by a mixed supervision and a parenting class. And as the court could see, she was in felony drug court. The DDRF was held in the Bayance last time as an option and she has motivated to go to DDRF, be successful and apparently the wait is only three to six weeks and that's what we're asking the court to do. All right. Any objection to the court reviewing the court summary? No objection, Your Honor. All right. Mr. Nendos, I don't think you're a good candidate for probation. And let me just tell you why, felony drug court is an intensive form of probation. I know that. But from reviewing the court summary, it's not as though felony drug court, you mess up one time or you make a back choice one time that they say, oh, we're not going to deal with you anymore. And I'm looking here. Felony drug court gives repeat chances. It's designed for recovery, not punishment, but patience isn't unlimited. Question for you, how many chances should someone get before probation pulls a plug at the sanctions that they gave you over there? And let me just tell you how many sanctions they gave you, which means this is how many chances they gave you, you understand? So it's 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36. That's what you're coming to this court with. 36 times felony drug court was seeking to what is not a mistake. So you see where my mindset is and do you understand why 36 times felony drug court was seeking to work with you? So you see where my mindset is and do you understand why? Yes, Sharon. And so I placed you on probation here. And even here you had a motion to revoke filed against you. And that was on, well, it was heard on March 9, 2022. And that's when you were sent to felony drug court. So I don't think you're a good candidate for probation. Joseph, I can. Yes. One thing for Mr. Nandis, the good thing about felony drug court for her was that it is our belief that it has worked. She has been clean since September. And if she was tested today, she's going to come up negative. So you know, it's not like she totally, yeah, there are several things that she did do correctly in felony drug court. There are a number of things, obviously, as the court has seen that weren't done correctly, but she's made a lot of her appointments and she has ended up clean, which is the point of felony drug court. I just don't think you're a good candidate. I mean, felony drug court, that's a very good program. And what felony drug court has placed, you know, the issues they have with you, I mean, they're major issues, but instead, they are still trying to work with you. And they tried to work with you a lot. Here's the thing. I know a lot of people want to stay on probation. They do. Like nobody wants to go to prison. I don't take any joy and sin in the people to prison. And everybody that I've sinned to prison or everybody I've placed on probation, I actually do remember them. Even as a defense attorney, I had some clients who ended up in prison. Guess what? I still remember them and wondering how they're doing and hopefully they changed their life. And it'll be the same with you. I just don't think you're a good candidate for probation. I think we tried. So, and judge the only other thing is she's never been given a felony conviction before. That's why she wants to stay on the first motivated for it and that's why she was hoping that the probation's recommendation will be followed. All right. This is what I'm going to do. I'm going to find 13 true. I'm going to revoke, find you guilty, and I'll sentence you under 1244. Does anybody want to state any objection to her being sentenced under 1244? All right. All right. I'll sentence you under 1244. Let's talk about the time. Yeah. How much time does she have? A little bit now. This is sort of the case. I've heard of the four last few years. Not many days. Edge? Yes. So, I was going back and forth with the drug court personnel in this case and there is some concern if she is given a sentence, J-Sat. Oh, it's not going to be J-Sat. Okay. Okay. All right. And what was the concern though? Now, you picked everyone's interest. Judge, they feel that a J-Sat sentence is not the reason why she was kicked out of drug court and so forth. They just don't think J-Sat would be appropriate and some other concerns in regards to her child. Ah. So, if she was given J-Sat, they just have concerns in regards to that. Now, she was continued, that would be something different, but they are not in agreement with anything J-Sat. All right. So, what is the issue with the child? For my understanding, there is a CPS open case for neglect and possible abuse. Not, I mean, on the father. Okay. There's an open case. And state you're asking for revocation? For approval. So, we are not opposed to revocation, but we are not with J-Sat. Okay. Judge, I mean, what I can tell you, I wasn't going to give her judgment satisfied. Let me just tell you what my thought process is worth. My thought process in reading everything was I saw that there is a child involved, right? This case involves a child and it's abandoned with intent to return. So, I understand and I understand that that child's, that child, they are telling the report is special needs. Yes. But she's making horrible choices. At the same time, Judge, if she goes to DDRF, it doesn't kick the can down the road. It puts her in a position where she potentially should be a better citizen, better productive parent. So, DDRF only lasts for long, probationally lasts for long. If we help her continue, she has the possibility of, you know, one more chance. The court has given plenty of chances before, but if she's given one more chance, there's a possibility that one day she's going to be still with this child. And she needs to be that child needs a stable parent and DDRF will help in that potentially state. Is the state still recommending revocation? Judge, a little of the child's loss. I mean, the state will be opposed to DDRF. We'll tell you what. Your special needs child has saved you. And you are not saving your special needs child. So, where is the child now? He is with his father at the moment. The CPSK, like, is on the father and the current girlfriend. And so, let me get this straight and correct me if I'm wrong. So, you are saying that there's allegations of abuse. And those allegations are abuse against the father who he's with. Yes, you're right. And the case has been open for about a date. So, they opened one CPS case. My court did because of the, the what they have found in my phones. And then the case where they got in touch with the father. Wait, raise your right hand for me, please. You saw me swearing a firm. The testimony you give will be the truth and nothing but the truth. Yes, yes. So, happy God. Yes, Your Honor. All right. So, say your name. Victoria Fernandez. What did they find in your phone? So, they found that. So, I had found out that my kid's father was locking my son in the room. And I wasn't aware. Like, I had, like, so later on they said that it was because like the autism doctor recommended that they lock the door at night. But I thought like they were just locking that my son in the room like all day. And so that's what drug court found on my phone when they were going through our messages was me like getting mad at the dad about walking my son in the room. And so they called CPS for neglect. And then the dad got another CPS case because I believe the school called CPS for neglect as well. All right. Any objection to somebody from drug court zooming in? All right. Just have a seat. Drug court is going to zoom in. Uh-oh. CPS involvement changes everything. When a child safety enters the picture, judges shift from rehabilitation to protection mode real fast. So we can get to the bottom of what's going on. All right. We're back on Victoria Hernandez. Hi, officer Garcia. Hi, Joe. How are you doing today? All right. How are you doing? I'm great. I miss you guys. We miss you too. Okay. All right. Miss Hernandez, if you'll come down. All right. So we have officer Garcia by zoom. Any objections to her being by zoom defense? No objection. All right. I already stated that they did not have any objections. Officer Garcia, could you raise your right hand for me, please? Do you solemnly swear in a firm the testimony you give will be the truth and nothing but the truth so help you got? Yes, Your Honor. All right. You can lower your hand. Do you waive any confidentiality that Miss Garcia has as it relates to your time in felony drug court? You're talking about that. I don't mind. All right. So you're giving up that right? Yes, Your Honor. All right. Any objection to her testifying in the narrative? No, Your Honor. All right. Miss, I'm sorry. Officer Garcia. What we're trying to discover is whether or not she should be revoked or whether or not I should send her to DD RF. What has transpired is there's been a mention of a child with special needs. Because I was inclined to sentence her to the Bayer County jail under 1244 to one year. Can you tell us how she was doing? What have been the issues with her and the drug court and what would be your recommendation for her? Judge, you know, Victoria was on my case load the entire time that she was in felony drug court. As you saw in the court summary, we did work with her extensively. Every time there was a violation. We use progressive sanctions. We did have DD RF and a bands. You know, back on. Nine. Twenty twenty twenty three. Instead of that, we went ahead and gave her the chance to do alpha home, which she did complete. However, she went right back to her old criminal thinking. People places the basics that we teach in felony drug court. We were we were working with her and. We happened to do a phone search only because there was another phone search done on another participant kind of. You know, kind of intertwined the two. And that is the only reason why we found out is like it fell into our lap. It wasn't something that we were looking for. And we had concerns. Again, because of her special needs child. We do have another case against her in CPS. So the K the CPS case. There is one pending for her the father for child. And we do also have one for herself. All right, do you know with regards to the case for herself, what is that about? Because of what was found on her phone. Ah. So what was found on our phone has absolutely nothing to do with the child's biological father. It's actually both of them are involved. But again, he was the only one that the case had the first CPS case is only on him. So when we found the information that included both of them, a CPS case was filed against her as well. So what was on her phone. Did it have to do with I don't want to get into too much, but what was on her phone. Did it have to do with her as it relates to her and her child? Yes, with I mean, concerning for her to be around her child. Absolutely. Okay. And then considering her case that she's on as well. So with that being said. We have seen often that we work with that individuals and there wasn't really enough progress. And we don't feel comfortable with. One probation doesn't like to recommend revocation. But we have seen in drug court that a lot of our participants are getting credit for time served. So we didn't want her to just. You know, get a J sat and be done because then there's no problems that are fixed. And then we have the concern for the son. Because she will be able to go back and just be around him. That was that was what she was trying to do while she was on my caselo. So that is very concerning. If I could recommend revocation without the J sat, I would. And I would like to that's what I would like for to happen. All right. Do you have any questions? I do judge. All right. Officer Garcia. Yes, sir. Throughout her time throughout felony drug court, she tested negative on multiple occasions correct. There she did color. She also tested positive. How long ago was that? Um, let me check. Direct test. Well, she did have a no show. So to us, that was April the 17th. That is considered a positive and felony drug court. Let's see. Her last positive would have been September of last year. 2023. Yes. And she did go to treatment during that timeframe. Before we just got her back, reporting in person. That's all I have for you. Thank you. All right. And officer Garcia, you all are not willing to accept her back. Is that correct? No, judge. Yes. We worked so much with a Miss Victoria. And it just seems like we're just hit where you hit a wall at this point. All right. Thank you so much for zooming in on such short notice. I appreciate it. Yes, dad. You have a good rest of your afternoon. Okay. All right. Bye bye. Bye bye. All right. It's going to be revocation. Are you still insisting that what was in your phone was not related to you? I wasn't aware of the second time around that I got a CPS case was. So now both parents of CPS cases involvement. This situation is by child safety. What do you think? Judges, you get one last shot at treatment protection. Or is the judge right to evoke probation? Let me know in the comments. Okay. Judges. On me, I've been in gel. No, no, no, no. My question is, are you still saying that what was on your phone regarding your child is unrelated to you? No, no, no. Okay. Judge, and Lou, that we're asking for the minimum time in a while. Apparently she has 158 days in custody over the past 34 years. And I would argue that, you know, she has done several things right. She's also done several things wrong, but she did several things she did participate in the filling drug program and did a lot of good things. So we want the court to reflect on that. All right. This is what the court is going to do. Court is going to revoke you. Let me see. Where is the trial court certification? I did it to the court. I do have it here. The court is going to revoke you. The court is going to find you guilty. The court will give you credit for any time served. The court will give you credit if you successfully complete an inpatient treatment. Because I see there was some inpatient treatment made me through our phones. If you successfully completed that, the court will give you credit for that. And the court is going to send it to you to two years in the state jail facility. I'll recommend that they're put at community. I can't force them to place you in there. But if you request it, they will consider it. If you don't request it, they would not consider it at all. And I'll also request mental health while she's at the state jail facility. I'm going to show you what's entitled trial court certification of defendants rights to appeal. Did you review that with your attorney? Did you understand it? Yes. All right. You have a limited right to appeal. That right to appeal is as it relates to the allegations in the motion. Not the fact that you were on deferred adjudication. Because this is a felony conviction. You're not allowed to own or possess any weapons or ammunition. If you have a question over what a weapon or ammunition is, you need to speak to an attorney. Do you understand? Yes, Your Honor. All right. We can go off the record. You're going to have to get your life in order. If you don't, your life is going to continue to spiral out of control. felony drug court is a good program. They work with you for two years trying to help you. And you still just want to do whatever you've been doing, which is not good for your son. Always tell people you're an adult. Your son is not an adult. Your son is 100% dependent on you pun you. And you're just doing foolish things. Good luck.