A person is serving a sentence for a felony in Texas. They serve a while and are released on probation (not parole). One of the conditions of probation is that they not drink alcohol.
During the probation they are arrested for a class C misdemeanor public intoxication.
The person notifies their probation officer. The probation officer can revoke the probation and send them back to prison.
I'm sure this plays out a lot. But my questions are:
How does this work given that an arrest is just an accusation and not a conviction. If the person was really not guilty in this case; and was just sleepy or groggy on prescription medication?
The person was sitting in a car in a parking lot waiting for someone to come and get into the car and drive them home. They weren't really public.
If the class C could be dismissed by the court, would it help try to make sure the probation isn't revoked?