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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 15946
Experience:  7+ years defending Misdemeanor and Felony cases.
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My son, 21yrs.old is in county jail now for revoking

Customer Question

My son, 21yrs.old is in county jail now for revoking probation. He had a deferred sentence for theft, drugs, dwi, in 2004. He has been in treatment in Texas SAFPE twice and was recently sent to half way center in Dallas . It was at the center, he was told by the probation office of our county that he wasn''t allowed to drive a vechile nor go to work in Arlington. However the counselor of the center had gave permission. He got upset and left the program, therefore breaking his probation.My question is If he has to do prisonn time for all of the charges from past, how much in Texas will he get and how much will he have to actually serve.The theft was 2 guns that he admitted to and quickly gave back and the charges were dropped but the state is still charging him for it.The felony of cocaine found in his pocket when they came into the house to arrest but didnot have a search warrant.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 5 years ago.
HiCustomer Thank you for asking your question on Just Answer. The other Experts and I are working on your answer. By the way, it would help us to know:

-Could you explain your situation a little more? What do you mean the gun charges were dropped but the State still charged him? Are these charges his only prior criminal history?

Thank you again for trusting us with your problem. Please reply as soon as possible so that we can finish answering your question.
Customer: replied 5 years ago.
He was working during his teenage yrs.for his brother-in-law who owns a pawn shop. He was doing drugs and stole 2 hand guns to pay a drug dealer(at the drug dealers request).He quickly gave them back and to help him ,his brother-in-law dropped the charges, but I'm thinking that it was a federal offence when you involve guns. He had his 18th birthday in Sept.2004 prior to the Nov. 22 event. Also Sept.28,2004, he was charged with poss.marijuana 2oz, dwi, and 1g of analogue, I also notice that he has a charge back in May 28,2004--Poss CS PG3<28G. He was on a5yr. deferred probation for all of this.
Customer: replied 5 years ago.
I am waiting a reply from you from the last reply.
Expert:  CrimDefense replied 5 years ago.
Sorry for the delay. Your son is going to have a violation of probation hearing, where he can admit or deny the violation. If he denies violating his probation, the court is going to need to find that there was a willful and substantial violation of the terms and conditions of his probation. If his counselor gave him permission, it may be difficult for the court to prove there was a willful violation since your son was acting in the manner he did, by the authority of another. He he wants to resolve his case, he is going to have to admit to the violation. The Judge could sentence him to the maximum amount of time, for the penalties he was on probation for. However, if he admits the violation, the Judge may take it easier on him. Moreover, if your son can present mitigating factors to show he has been trying to comply with probation over the past 4 years, has been trying to work and stay sober, also staying out of trouble, the Judge may sentence him to some type of residential treatment, to get him help. Also, the Judge may be willing to reinstate his probation and extend it, with additional terms and conditions. It is best to hire and attorney to try and work out some type of agreement between your son, the prosecutor and probation. If the plea is fair, the Judge will likely accept it. Your son was very close to finishing probation and he did not pick up a new charge, so the court may have sympathy on him and impose sentence other then jail/prison.
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 15946
Experience: 7+ years defending Misdemeanor and Felony cases.
CrimDefense and 9 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.
I understand he may and probably will go to the pen, but for how long are we to expect? And is it better to leave it up to the judge for the sentenceing or make a deal. Because the last time in court, the prosecutor said he was getting 8-10 yrs. And if he gets that long, then how long does he expect to have to stay in the pen??
Expert:  CrimDefense replied 5 years ago.

If you work a plea out with the prosecutor, then you know what you are getting. Normally, they will make an offer based on his prior criminal history and the amount of chances he has had in the past to stay out of trouble. If you plea open to the court, the Judge will not tell you the amount of time he is going to sentence your son. There is no way of knowing what to expect, unless you know his entire criminal history, score sheet, and prior sentences. It is best to find an attorney who is familiar with the Judge presiding over your son's case. This way, the attorney can work a deal and will know if it is better to leave it up to the Judge or if the Judge is tough and will go even harder then what the State is asking for. He would be expected to do 85% of the sentence imposed.

Customer: replied 5 years ago.
The judge is a christian , fair judge. And works will with our attorney. They are friends.I had always heard that you only do one third of the sentence. I also think that my son needs to be checked out to see if he is bipolar. Is there a chance of that happening.
Expert:  CrimDefense replied 5 years ago.
Yes, the attorney can ask the court for an evaluation to be performed on your son, for the court to consider in his sentencing.

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