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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
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Experience:  Handling criminal and probation matters for over 14 years.
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My 20-year old son was arrested 7-26-09 outside of a house

Resolved Question:

My 20-year old son was arrested 7-26-09 outside of a house where he went to a party. He was charged with a PI, criminal trespass, and resisting arrest and search. He chose to sit out the charges in the county jail and we need some questions answered.
1. He is also delayed entlistment in the Navy which we are hoping this didn't mess him up with that............will these charges still be on his record when he is released? 2. How much time does he need to serve to take care of the criminal trespass and resisting arrest. He has already made trustee and gets 3 for 1 on time served. The PI charge is already gone, served and dropped off. He is in Bell county jail.........Belton, Texas.
Submitted: 4 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 4 years ago.
Thank you for using JustAnswer!

Has your son already appeared in court, gone in front of a judge, plead guilty (or took a plea deal), and been sentenced?

What do you mean when you use the phrase "he chose to sit out his charges in county jail"?
Customer: replied 4 years ago.

I spoke to a deputy (not sure if a deputy or guard or what) on the phone and she told me he had already turned in a plea--I guess "guilty" but not sure and that he would see the judge sometime in this upcoming week. No sentence because he still doesn't know how long he'll be there. He is asking me to find out if I can.

 

I meant that he decided to stay in there instead of trying to get bonded out. A bail bondsman called me right after he did the morning after he was arrested and I didn't deal with him because I have no money to get him out.

 

He also wanted me to find out if the charges would run concurrent.

Expert:  JB Umphrey replied 4 years ago.
Thank you. Because he was arrested and finger-printed, yes, the original charges will appear on his criminal history. What he's pled guilty to and what's been dismissed will also appear on his criminal history.

Yes, this will affect his efforts to get into the military -- although, if he has no priors, his recruiter may be able to get him a waiver.

There is no way for me to predict what kind of sentence the judge will impose. It could be anything from credit for time served and close out the file to putting him on probation for a year or two. Judges have a lot of discretion in how they sentence a person. Basically, when your son next appears in front of the judge, your son will have to give the judge a reason to not keep him in jail.

Good luck and best wishes! I hope that you find this information to be helpful and this answer to be ACCEPTable!
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20231
Experience: Handling criminal and probation matters for over 14 years.
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