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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23188
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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my mom has been living in michigan since 2000.. she was recently

Customer Question

my mom has been living in michigan since 2000.. she was recently visiting her home state of texas this year (2010) when she got pulled over without a license.. they arrested her on a "burglary of habitation" warrant that was in 2002.. its been 3 weeks they havent let her call. my question is, how long do you think she'll get in the state of tx for the charge of burglary of habitation?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 6 years ago.

Here's the section of the Texas Penal Code that applies to Burglary of Habitation. As you can see, if theft was the motive and the only felony committed in the habitation, it's a felony of the second degree. A felony of the second degree in Texas can be anywhere from 2 to 20 years of prison. Because she left the state, Texas would consider her a fugitive from justice and bail is apt to be very high.

Nevertheless, a lot can happen in eight years. People move on with their lives, relocate, lose interest in their cases, lose contact with authorities. Cops quit, retire, etc. There might be proof problems here that could make for a dismissal or a very good deal for your mother. It's hard to say. The DA probably hasn't even had a chance to get the old file from archives and try to reach out to locate its witnesses.

Your mother will need a lawyer, of course. If she can't afford one, she can plead not guilty at her arraignment when she appears before the judge and ask the court for a public defense lawyer.

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