Judge Boyd Gives 36 Chances – Then Snaps (2 Years Jail)

Added: 2026-06-03

[00:00:00]She abandoned her special needs child, then got 36 chances in felony drug court. Yes, 36. And she still messed up.

[00:00:09]Now, Judge Boyd is reading the riot act.

[00:00:12]Will she get another chance or is it state jail? This one gets dark fast.

[00:00:23]Irene Hernandez who was placed on deferred adjudication in 2020 CR8599 for the offense of abandoning a child with intent to return on January 4th, 2021 for a period of three years. Is that you?

[00:00:38]>> Yes, ma'am.

[00:00:39]>> All right. State.

[00:00:40]>> Yes, your honor. Violating condition number 13 on about the 23rd day of April 2024 in Fair County, Texas. Defendant Victoria Hernandez did operate a motor vehicle without a valid Texas driver's license in violation number 13.

[00:00:57]>> How do you plead to that? True or not true?

[00:01:01]>> Wait violated conditions.

[00:01:05]>> Any objection?

[00:01:06]>> 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 sentence you up to two years in the state jail facility and up to a $10,000 fine?

[00:01:22]>> Did you understand that?

[00:01:23]>> Yes, ma'am.

[00:01:24]>> Knowing that, do you still wish to plead true to violation of condition 13?

[00:01:29]>> I do.

[00:01:30]>> Court will find violation of condition number 13 true. Is there a proposed agreement? No, >> there is not. All right. Uh, state, what are you requesting?

[00:01:38]>> Requesting recommendation.

[00:01:39]>> Defense, what are you requesting? Your >> honor, probation had made a recommendation to extend for one year place M. Hernandez in a DDRF followed by mixed supervision and a parenting class.

[00:01:51]And uh, as the court can see, she was in felony drug court. Um, DDRF was held in obeyance last time as an option. and um she is motivated to go to DDRF be successful in it. Apparently the wait is only 3 to 6 weeks and um that's we what we're asking the court to do.

[00:02:14]>> All right. Any objection to the court reviewing the court summary?

[00:02:17]>> No objection, your honors.

[00:02:19]>> All right. Uh Mr. Hernandez, I don't think you're a good candidate for probation.

[00:02:25]And let me just tell you why.

[00:02:28]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 bad choice one time that they say, "Oh, we're not going to deal with you anymore." And I'm looking here 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.

[00:02:56]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 4 35 36.

[00:03:30]That's what you're coming to this court with. 36 times felony drug court was seeking to work with you. So you see where my mindset is. And do you understand?

[00:03:40]>> And do you understand why?

[00:03:42]>> Yes, your honor.

[00:03:44]>> And so I placed you on probation here.

[00:03:48]And even here you had a motion to revoke filed against you and that was on Well, it was heard on March 9th, 2022, and that's when you were sent to felony drug court.

[00:04:03]So, I don't think you're a good candidate for probation.

[00:04:07]>> Judge, if I could >> Yes.

[00:04:09]>> One thing for Mr. Hernandez, the good thing about felony drug court for her was that um 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, um it's not like she totally >> Yeah, there's several things that she did do correctly in felony drug court.

[00:04:31]Um there are a number of things obviously as the court has seen uh that weren't done correctly, but she made a lot of her appointments and um she has ended up clean, which is the point of felony drug court.

[00:04:45]>> I just don't think you're a good candidate.

[00:04:48]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.

[00:05:07]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.

[00:05:18]They do. Like nobody wants to go to prison. I don't take any joy in sending the people to prison. And everybody that I sent to prison or everybody I placed on probation, I actually do remember them. Even as a defense attorney, I had some clients who ended up in prison.

[00:05:33]Guess what? I still remember them and wondering how they're doing and and and hopefully they've changed their life.

[00:05:39]And it'll be the same with you. I just don't think you're a good candidate for probation. I think we tried.

[00:05:45]And 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 defer. She's motivated for it. And that's why she was hoping that the uh probation's recommendation would be followed.

[00:05:58]>> All right. This is what I'm going to do.

[00:06:01]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?

[00:06:13]All right. I'll send it to you under 12:44. Let's talk about the time.

[00:06:16]>> Yeah. How much time does she have?

[00:06:22]>> How about the past few weeks?

[00:06:26]>> Yes.

[00:06:28]>> So, I was going back and forth with the drug court personnel in this case and there is some concern um if she is given a sentence. JSAT.

[00:06:44]>> Oh, it's not going to be JAD.

[00:06:46]>> Okay.

[00:06:48]>> Okay.

[00:06:49]>> All right. And And what was the concern, though? Now, now you've peaked everyone's interest, >> judge. Um, they feel that a JAT sentence is not the reason why she was kicked out of drug court and so forth. They just don't think JAT would be appropriate. um and some other concerns in regards to her child.

[00:07:16]>> Ah so if she was given JAT they just have concerns in regards to that and if she was continued then that would be something different but they are not in agreement with anything JAT.

[00:07:30]>> All right. So what is the issue with the child? From my understanding, there is a CPS open case um for neglect and possible abuse.

[00:07:41]>> Not on me on the father.

[00:07:44]>> Okay.

[00:07:45]>> There's an open case >> and state you're asking for revocation if you >> so we are not opposed to revocation but we are not with Okay, >> judge.

[00:08:04]>> I mean, what what I can tell you, I wasn't going to give her judgment satisfied. I just um let me just tell you what my thought processes were. My thought process in reading everything was I I saw that there's a child involved, right? This case involves a child and it's um abandoned with intent to return. So, I understand and I understand that that child's that child they're telling the report is special needs.

[00:08:30]>> Yes. But she's making horrible choices.

[00:08:34]At the same time, judge, if she goes to DDRF, it doesn't kick the can down the road.

[00:08:41]It puts her in a position where potentially she'll be a better citizen, better productive parent. So, DDRF only lasts for long, probation only lasts for long. If we help her continue, she has a possibility of, you know, one more chance. and 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 uh still with this child and she needs to be that child needs a a stable parent and DDRF will help in that potentially.

[00:09:15]>> Uh state is the state still recommending revocation? Well, judge will involve state.

[00:09:27]>> I will tell you what, your special needs child has saved you and you are not saving your special needs child.

[00:09:39]So, where is the child now?

[00:09:41]>> He is with his father at the moment. the CPS Kate like is um on the father and the the current girlfriend and um >> 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 you're on.

[00:10:03]And the the case has been open for about uh they so they opened one CPS case my court did because of the the what they had found in my phone and then um the case worker got in touch with uh >> what did they find? Wait, raise your right hand for me please. You solely swear and affirm the testimony you give will be the truth and nothing but the truth.

[00:10:24]>> Yes.

[00:10:24]>> So help me God.

[00:10:25]>> Yes, your honor.

[00:10:29]>> All right. So, state your name.

[00:10:31]>> Victoria Hernandez.

[00:10:33]>> What did they find in your phone?

[00:10:34]>> Uh, so they found that. So, I had found out that my kid's father was locking my son um 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 the 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 locking 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.

[00:11:15]>> All right. Any objection to somebody from drug court zooming in?

[00:11:19]>> Objection.

[00:11:19]>> No objection.

[00:11:21]>> All right. Just have a seat. Drug court is gonna zoom in so we can get to the bottom of what's going on. All right, we're back on Victoria Hernandez. Hi, Officer Garcia.

[00:11:32]>> Hi, Judge. How you doing today?

[00:11:34]>> All right. How are you doing?

[00:11:36]>> I'm great.

[00:11:38]>> I miss you guys.

[00:11:40]>> We miss you, too.

[00:11:41]>> Okay. All right. Uh, Miss Hernandez, if you'll come down.

[00:11:46]All right. So, we have Officer Garcia by Zoom. Any objections to her being by Zoom? Defense?

[00:11:53]>> No objection.

[00:11:54]>> All right. And the state has already stated that they do not have any objections. Officer Garcia, could you raise your right hand for me, please? Do you solemnly swear and affirm the testimony you give will be the truth and nothing but the truth? So, help you God.

[00:12:06]>> Yes, your honor.

[00:12:07]>> All right. You can lower your hand. Uh, do you wave any confidentiality that Miss Garcia has as it relates to uh your time in felony drug court?

[00:12:21]her talking, but I don't mind.

[00:12:24]>> All right. So, you're you're giving up that right?

[00:12:26]>> Yes, your honor.

[00:12:27]>> All right. Any objection to her uh testifying in the narrative? No, >> your honor.

[00:12:32]>> All right, Miss I'm sorry, Officer Garcia.

[00:12:36]What we're trying to discover is whether or not she should be revoked or whether or not I should send her to DDRF.

[00:12:43]What has transpired is there's been a mention of a child with special needs because I was inclined to sentence her uh to the Bear County Jail under 1244 to one year. Um can you tell us how she was doing? What have been the issues with her in the drug court? And what would be your recommendation for her?

[00:13:07]Um, judge, you know, Victoria was on my case load the entire time that she was in felony drug court. Um, as you saw in the court summary, we did work with her extensively every time there was a violation. U, we use progressive sanctions. Um, we did have DDRF in obeyance. Um, you know, back on um, 9 2023.

[00:13:34]Um, 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, um, people, places, the basics that we teach in um, felony drug court.

[00:13:52]Um, we were we were working with her and um, 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 it's like it fell into our lap. Um it wasn't something that we were looking for and we had concerns again because of her special needs child. Um we do have another case against her and CPS. So the CA the CPS case there is one pending for her the father of her child and we do also have one for herself.

[00:14:33]>> All right. Do you know uh with regards to the case for herself? What is that about?

[00:14:38]>> Because of what was found on her phone.

[00:14:41]>> Ah so what was found on her phone has absolutely nothing to do with the child's biological father.

[00:14:50]>> 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.

[00:15:06]>> 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?

[00:15:17]>> Yes. With I mean concerning for her to be around her child. Absolutely.

[00:15:22]>> Okay. And then considering her case that she's on as well. So, um, with that being said, we have seen often that we work with the individuals and there wasn't really enough progress and we don't feel comfortable with um, one, probation doesn't like to recommend revocation. Um, but we have seen in drug court that a lot of our um, participants are getting credit for time served. So, we didn't want her to just um you know get a JAT and be done because then there's no problems that are fixed and then we have the concern for the son um 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 case load.

[00:16:13]Um so that is very concerning. Uh if I could recommend revocation um without the JAT, I would and I would like to that's what I would like for to happen.

[00:16:29]>> All right. Uh do you have any questions?

[00:16:33]>> I do. Judge.

[00:16:34]>> All right.

[00:16:34]>> Officer Garcia.

[00:16:36]>> Yes, sir.

[00:16:38]>> Throughout her time throughout felony drug court, she tested negative on multiple occasions. Correct.

[00:16:43]>> Um there she did. However, she also tested positive.

[00:16:48]>> How long ago was that?

[00:16:50]>> Um, let me check.

[00:16:53]Drag test.

[00:16:57]Well, she did have a no show. So, to us, that was April the 17th. That um is considered a positive in felony drug court. Um, let's see. Her last positive would have been September of last year.

[00:17:15]2023.

[00:17:16]>> Yes.

[00:17:18]>> And again, she did go to treatment during that time frame before we just got her back reporting in person.

[00:17:31]>> That's all I have for you. Thank you.

[00:17:33]>> All right. And uh Officer Garcia, you all are not willing to accept her back.

[00:17:38]Is that correct?

[00:17:40]>> No, Judge. We we've worked so much with a Miss Victoria um and it just seems like um we're just hit we hit a wall at this point.

[00:17:53]>> All right. Thank you so much for zooming in on such short notice. I appreciate it.

[00:17:57]>> Yes, Judge. You have a good rest of your afternoon.

[00:18:00]>> Okay. All right. Bye bye.

[00:18:02]>> Bye bye.

[00:18:06]>> All right.

[00:18:08]So with her, um, it's going to be revocation.

[00:18:16]Are you still insisting that what what was in your phone was not related to you?

[00:18:21]>> I wasn't aware the second time around that I that a CPS case was put on me.

[00:18:26]I've been in jail.

[00:18:27]>> No, no, no, no. My question is, are you still saying that what was on your phone regarding your child is unrelated to you?

[00:18:34]>> No. No.

[00:18:36]>> Okay.

[00:18:38]judge. Um, in lie of that, we're we're asking for the minimum time in law.

[00:18:43]Apparently, she has 158 days in custody over the past 3, four years.

[00:18:52]And I would argue that, you know, she has done several things right. She's also done several things wrong, but she there was several things she did participate in the felony drug program and did a lot of good things. So, we want the court to uh reflect on that.

[00:19:06]All right. This is what the court is going to do. Court is going to revoke you.

[00:19:11]Let me see. Where is the trial court certification it to the court?

[00:19:19]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. Uh the court will give you credit if you successfully completed inpatient treatment because I see there was some inpatient treatment maybe through alcohol. If you successfully completed that, the court will give you credit for that and the court is going to sentence you to two years in the state jail facility. I'll recommend the therapeutic community.

[00:19:46]Uh I can't force them to place you in there, but if you uh request it, they will consider it. If you don't request it, they will not consider it at all.

[00:19:57]And I'll also request uh mental health while she's at the state jail facility.

[00:20:02]going to show you what's entitled trial court certification of defendants's rights to appeal. Did you review that with your attorney? Did you understand it?

[00:20:08]>> Yes, sir.

[00:20:09]>> 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?

[00:20:28]>> Yes, sir.

[00:20:29]>> All right. We can go off the record.

[00:20:31]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. I always tell people, you're an adult.

[00:20:50]Your son is not an adult. Your son is 100% dependent on you on you, and you're just doing foolish things. Good luck to you.