# Ethan Couch "Affluenza" Probation Violation **URL:** \ **Category:** Factual Questions\ **Created:** [December 20, 2015, 8:54pm UTC](https://boards.straightdope.com/t/ethan-couch-affluenza-probation-violation/740947 "2015-12-20T20:54:57Z")\ **Posts on this page:** 8\ **Page:** 1
**Author:** ![lalaith](https://avatars.discourse-cdn.com/v4/letter/l/96bed5/32.png) [@lalaith](https://boards.straightdope.com/u/lalaith)\ **Post date:** [December 20, 2015, 8:54pm UTC](https://boards.straightdope.com/t/ethan-couch-affluenza-probation-violation/740947/1 "2015-12-20T20:54:57Z")
Ethan Couch, who at age 16 killed 4 people while driving drunk and was sentenced to rehab and 10 years probation, has gone on the lam with his mother after a video surfaced which may prove he violated his probation terms. [https://en.wikipedia.org/wiki/Ethan\_Couch](https://en.wikipedia.org/wiki/Ethan_Couch) He has 8 years left on his probation. I know, when caught and brought back to Texas, that he can be sent to prison for those remaining 8 years. What I was wondering is if, under Texas law, he could be given additional penalties for the probation violation or if becoming a fugitive is a separate offense that he could be charged with? ---
**Author:** ![Senegoid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senegoid/32/6606_2.png) [@Senegoid](https://boards.straightdope.com/u/Senegoid)\ **Post date:** [December 21, 2015, 12:41am UTC](https://boards.straightdope.com/t/ethan-couch-affluenza-probation-violation/740947/2 "2015-12-21T00:41:12Z")
What I also wonder, in addition to all the above, is how strong the presumption is that he did violate his probation in the first place. From the account I read, the video showed him being present at a beer party, but didn’t actually show him drinking any. Was his mere presence at such a party _per se_ a violation of his probation? Or is it merely _presumed_ that if he was there, he was drinking and thus violating his probation? (I mean, of course, with _this_ guy’s history, that would be a very strong presumption, I guess.) ---
**Author:** ![jz78817](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jz78817/32/1028_2.png) [@jz78817](https://boards.straightdope.com/u/jz78817)\ **Post date:** [December 21, 2015, 1:39am UTC](https://boards.straightdope.com/t/ethan-couch-affluenza-probation-violation/740947/3 "2015-12-21T01:39:18Z")
> [@Senegoid](#): > > What I also wonder, in addition to all the above, is how strong the presumption is that he did violate his probation in the first place. From the account I read, the video showed him being present at a beer party, but didn’t actually show him drinking any. Was his mere presence at such a party _per se_ a violation of his probation? Or is it merely _presumed_ that if he was there, he was drinking and thus violating his probation? (I mean, of course, with _this_ guy’s history, that would be a very strong presumption, I guess.) the video isn’t the only thing, he also failed to check in with his probation officer at least once, which is in and of itself a violation. ---
**Author:** ![Boyo\_Jim](https://avatars.discourse-cdn.com/v4/letter/b/87869e/32.png) [@Boyo\_Jim](https://boards.straightdope.com/u/Boyo_Jim)\ **Post date:** [December 21, 2015, 2:05am UTC](https://boards.straightdope.com/t/ethan-couch-affluenza-probation-violation/740947/4 "2015-12-21T02:05:00Z")
> [@jz78817](#): > > the video isn’t the only thing, he also failed to check in with his probation officer at least once, which is in and of itself a violation. Yeah, the party is now hardly relevant, if the news stories are correct. The probation officer has been unable to reach him or his mother, and appointments have been missed. However, I predict he will be forgiven, and there won’t be any negative consequences. After all, he simply doesn’t understand “wrong”, so what would be the point? :rolleyes: ---
**Author:** ![Hocus\_Pocus](https://avatars.discourse-cdn.com/v4/letter/h/41988e/32.png) [@Hocus\_Pocus](https://boards.straightdope.com/u/Hocus_Pocus)\ **Post date:** [December 21, 2015, 3:05am UTC](https://boards.straightdope.com/t/ethan-couch-affluenza-probation-violation/740947/5 "2015-12-21T03:05:52Z")
> [@Boyo\_Jim](#): > > Yeah, the party is now hardly relevant, if the news stories are correct. The probation officer has been unable to reach him or his mother, and appointments have been missed. > > However, I predict he will be forgiven, and there won’t be any negative consequences. After all, he simply doesn’t understand “wrong”, so what would be the point? :rolleyes: I think it depends on whether the book can be thrown at him (IANAL, much less one in TX). If he can only be charged as a juvenile for the parole violation because his crime was committed as a juvenile then he’ll get another hand-slap. But if he can be charged as an adult (which I think is more likely the case) I would hope that he would receive a good 5-10 years, which would hopefully set him straight (I’m sure a pretty boy like him would get a real wake-up call in prison). ---
**Author:** ![dalej42](https://avatars.discourse-cdn.com/v4/letter/d/67e7ee/32.png) [@dalej42](https://boards.straightdope.com/u/dalej42)\ **Post date:** [December 21, 2015, 3:16am UTC](https://boards.straightdope.com/t/ethan-couch-affluenza-probation-violation/740947/6 "2015-12-21T03:16:01Z")
My question is was he required to surrender his passport as a term of probation? That’s a common condition on lengthy probation terms. ---
**Author:** ![Broomstick](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/broomstick/32/246_2.png) [@Broomstick](https://boards.straightdope.com/u/Broomstick)\ **Post date:** [December 21, 2015, 10:03am UTC](https://boards.straightdope.com/t/ethan-couch-affluenza-probation-violation/740947/7 "2015-12-21T10:03:56Z")
That’s assuming he even has a passport, many Americans don’t. ---
**Author:** ![AmanoJ](https://avatars.discourse-cdn.com/v4/letter/a/85e7bf/32.png) [@AmanoJ](https://boards.straightdope.com/u/AmanoJ)\ **Post date:** [December 21, 2015, 11:44am UTC](https://boards.straightdope.com/t/ethan-couch-affluenza-probation-violation/740947/8 "2015-12-21T11:44:42Z")
The wiki page linked above mentions that his passport (along with his mother’s) was noted as missing, indicating that they may have fled the country. And while I am not sure, I believe that in many situations, just being in a place where alcohol is being consumed is enough to violate probation/parole. I once knew a guy who was on parole for something, and (iirc) he told me he was not allowed at such places and events. At least not without a discussion with his parole officer. It could depend on the terms of his probation, and I could be way off anyway, just wanted to mention. The Couch case is/was infuriating. I hope he is found.