How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask xavierjd Your Own Question

xavierjd
xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience:  Over 20 yrs experience in prosecution and defense work
14261217
Type Your Criminal Law Question Here...
xavierjd is online now
A new question is answered every 9 seconds

Are there any training programs in Tarrant County an inmate can take instead of serving a

Resolved Question:

Are there any training programs in Tarrant County an inmate can take instead of serving a 3-year sentence for a third DWI offense?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  xavierjd replied 1 year ago.
Thanks for using JustAnswer.com. It will be my pleasure to assist you today.

Has the person already pled guilty or been found guilty of the offense?

Has the person already been sentenced?

Was the person represented by an attorney?

Thanks
Customer: replied 1 year ago.
Yes, our 30-year old son was represented by a criminal defense law firm, pled guilty, and was sentenced 1 week ago to a 3-year sentence.
Expert:  xavierjd replied 1 year ago.
Hi,

Thanks for the information. I want to look up a few things for you. I will be back asap with an answer.

Thanks for your patience.
Customer: replied 1 year ago.
Ok I will wait for your answer.
Expert:  xavierjd replied 1 year ago.
Hi,

Thanks for your patience.

A third offense DWI is considered a third degree felony. A conviction brings a MAXIMUM of:

  • Up to a $10,000 fine
  • Two to 10 years behind bars
  • Annual fine of $2,000 for three years to keep driving privileges
  • Alcohol evaluation/treatment

 

The judge – or a jury in a criminal trial – could still have given your son probation on a second or third drunk driving offense, but he will have to serve at least a few days in jail, under the Texas Code of Criminal Procedure. The sentence is 10 days minimum for DWI third offense.

 

Other conditions of probation, or community supervision, are similar to simple DWI, but more stringent. They are:

1. Rehab evaluation – He will be required to get an evaluation from a state-approved drug and alcohol counselor to determine whether you have an addiction and what treatment may be necessary to deal with it. He may then be required to go through rehab.

2. DWI repeat offender program – He will be required to attend an approved 32-hour course covering alcohol abuse, driving impairment and AA groups. If he doesn't take the course, his license will be revoked, and he won’t be able to get it back until he completes the program.

3. Ignition interlock device – He will be required to put a device on his vehicle that will test his breath each time he tries to start the vehicle. The device won’t allow the vehicle to start if it detects alcohol. He will not be allowed to drive any vehicle without this device for one year following the reinstatement of his driver’s license.

 

Exact sentences are generally up to the judge, with recommendations from the prosecutor. The judge has much discretion when it comes to sentencing.

 

The judge will have ordered a pre-sentence investigation which detailed your son's criminal and social history, the facts of the crime and the state’s recommended community supervision plan. The judge would have based his sentence on your son's criminal history, whether he was convicted of any other felonies and/or misdemeanors, whether there was an accident involved, what type of alcohol services that your son has received in the past, his work history, his family history/support, how close the DWI's were in time, and any other fact that the judge found relevant.

 

The judge COULD have given your son 10 years in prison, or a lesser amount of time incarceration coupled with up to 10 years of probation with the restrictions set forth above, along with any other restriction/term of probation as allowed by law.

 

So, the answer is "yes," your son could have been given as little as 10 days of incarceration along with alcohol rehabilitation, AA meetings, community service, etc. However, the judge, within his discretion as allowed by law, gave your son a harsher sentence.

You may wish to speak to your son's attorney (with your son's permission) about asking the judge to reconsider your son's sentence. However, there is a short window to do so. Therefore, your son's attorney would have to file a Petition to do so very quickly. The judge may grant the Petition to reconsider the sentence or deny it. But, unfortunately for your son, the judge was within his right to use his legal discretion to sentence your son.

Again, you may wish to speak to your son's attorney. However, you must do so ASAP to see if any Petition may be filed for Reconsideration of Sentence.

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. Thank you for your business!

XavierJD

Expert:  xavierjd replied 1 year ago.
Hi,

Do you have any follow up questions for me? If you are satisfied with my answer, please rate it as such. That is the only way that I can get credit for answering the question.

Again, my goal is to provide you with excellent service, and if you feel you have received anything less, please reply back.

Thank you.
Customer: replied 1 year ago.
I am familiar with the info you mention above. My question is can an inmate who is already in prison in Texas for dwi do his time by taking a school program offered by the state of Texas, for example, my husband found the prison entrepreneurship program (PEP) in Cleveland correctional Facility in Cleveland Texas. The prison entrepreneurship program was founded in May 2004 is a 501 (c)(3) non-profit organization based in Houston, Texas. Would a program like this be available to my son or are there any other programs my son is eligible to apply for?
Expert:  xavierjd replied 1 year ago.
Hello,

Sorry for the delay. I was not available yesterday.

As I indicated, the judge has GREAT discretion when it comes to sentencing a person for DWI Third Offense. The only MANDATORY provisions when it comes to jail time is that a person serve a minimum of 10 days.

You or your son's attorney may wish to contact the entrepreneurship program that you referenced. I am sure that they have strict eligibility requirements for a person to enter into the program. If your son is eligible, and there is an open spot available, then his attorney can bring a Motion to Modify Sentence and seek the judge's permission to allow your son to enter into the program. If the judge is familiar with the program, or is given the information as an attachment to the Motion, AND your son is eligible, he has the discretion to allow him to finish out his sentence in the program. It is TOTALLY within the discretion of the judge. The judge is going to want to have proof that the program is willing to accept your son.

I am not personally aware of any other program that may be available for your son. However, you may wish to contact the probation department or department of corrections. Those departments will have the resources/programs that may be available for your son. But remember, the judge who sentenced your judge MUST agree to modify his sentence. If he doesn't, then your son will have to serve out his sentence as ordered.

It would be in your son's best interest if you seek the assistance of an attorney to help in drafting and arguing the Motion to Modify Sentence. The Motion must contain very specific information and may require specific legal citations that will allow the judge to hang his hat on.

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. Thank you for your business!

XavierJD
xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience: Over 20 yrs experience in prosecution and defense work
xavierjd and 2 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.