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Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 19779
Experience:  Licensed attorney with 29 yrs. exp. in criminal law
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I really wasn't expecting to chat or speak with anyone. I

Customer Question

Hi Pearl, I really wasn't expecting to chat or speak with anyone. I didn't know I could. My son is in jail in T sorry, My son is in jail in TX for a DUI. and it's not his first one. Plus he was on parole when it happened. He is an alcoholic and was in recovery and working every day and doing good for about a year. In April he relapsed and was caught driving while intoxicated and is in the Johnson County jail in cleyburne TX.
JA: Since parole regulations vary, can you tell me what state this is in?
Customer: I don't know what to expect. I've been looking online and have his court #, SID#, and the penal code he's being charged with. I just completed chemo and radiation not to long ago and had stage 4 cancer and i'm so afraid that i'll never get to put my arms around my son or kiss him on the cheek again, in this lifetime because I read where he could get 20 years.
JA: Have you talked to a laywer yet?
Customer: No because its so hard to find one out here in California that can help him out there in TX. I really don't know what to do. I don't have a lot of money, I'm almost 70 years old and I'm hoping to retire soon. The little bit of cash I have saved up will help when I retire with keeping my health insurance,etc. But, I do have a credit card that I could use to hire an attorney to fight for him in court, if I could only get some kind of advise from someone to tell me if it would help for him to have an attorney. I don't want to put more debt on me when i'm so close to retiring, you know what I mean? My son is really a very nice person, and I don't really understand alcoholism as a desease.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Oh Gosh, would you be able to connect me with a lawyer ? I didn't know that.
Submitted: 2 months ago.
Category: Criminal Law
Customer: replied 2 months ago.
Are my questions still being reviewed? I'm new to this website and had no idea I was going to be chatting with a lawyer regarding my son.I don't know if I should remain on this page or what?Please advise.
Expert:  Marsha411JD replied 2 months ago.

Hello,

Thank you for the information and I am sorry to read about your health and your son's situation. If your son was on parole when he was arrested for DUI, then the court could revoke his parole and order that he go back to prison for the balance of his prior sentence. He would also face whatever the charge is that he is facing now and be sentenced for that to run either concurrent (at the same time as his prior sentence) or consecutive (start running after he serves his prior sentence.) If you would like to share with me what the exact charge is that he is facing, I can tell you what that sentence could potentially be.

All that said, if he cannot afford to hire his own attorney, he will be appointed a public defender. His attorney may, based on the facts of his newest arrest, find something that may acquit him of the DUI. If so, then he could be released from jail with no more time to serve. There are just so many factors and facts, that I am not privy to, that could influence what might happen to your son, it is hard to guess. However, what I mentioned in the first paragraph is the worst case scenario. Something more positive could occur but it will be up to your son and his attorney to try to get the best deal possible for him if they don't see a way to be acquitted of this latest charge.

Again, if you want to share the specific code citation of this latest charge with me and tell me how many DUI's he has been convicted of, I might be able to give you a better idea of what his sentence could potentially be at the maximum. I will be away from my computer for most of the morning but will respond as soon as I can. If you have no follow up questions, then if you could take a moment to leave a positive rating in the ratings box above, I will receive credit for assisting you today. Thank you

Customer: replied 2 months ago.
Hi Marsha,
My son has had 3+ DUI arrests. While on parole & clean for about a year, he relapsed & was arrested april 23, 2016 for another DUI. Here's the info: Case Number F50745 / Name V*****,RICKY / Date of Birth / **/**/**** / File Date - 07/19/2016 / OFFENSE: DRIVING WHILE INTOXICATED 3RD OFFENSE OR MORE (ENHANCED)
Statute 49.09(b) PC Degree F2 Offense & Arrest Date 04/23/2016 Arrested By MARTINEZ / Agency JPD Agency Case No. 16-0244
The above is all I know.
I look forward to receiving your reply.
Thank you and have a nice weekend!
Maggie
Expert:  Marsha411JD replied 2 months ago.

Hello again Maggie and thank you for that additional information. Assuming your son is actually convicted of this latest charge, it would be considered a Second Degree Felony because of his prior convictions. The punishment range for that is in the statute as set out below. As you can see the maximum punishment is 20 years and the minimum is 2 years. Again, this assumes that his attorney cannot get him acquitted of this latest charge. As mentioned in my initial response, your son's parole will like be revoked and, if convicted of this most recent charge, the court could impose either concurrent or consecutive sentencing. Concurrent means he serves whatever time he gets from the current court at the same time he is serving his old conviction. Consecutive means he serves back to back terms. Hopefully, his attorney can find a way to get this charge dismissed or at least a way to mitigate his sentencing so that he serves the minimum time and does so concurrently.

Sec. 12.33. SECOND DEGREE FELONY PUNISHMENT. (a) An individual adjudged guilty of a felony of the second degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years.

(b) In addition to imprisonment, an individual adjudged guilty of a felony of the second degree may be punished by a fine not to exceed $10,000.

Customer: replied 2 months ago.
I can only hope I can find good legal help who will be committed to helping my son and will fight for him. My whole family, including my son has paid state & federal taxes all our lives and as an Americans, my son deserves a HAND UP, AT THE VERY LEAST!!!I just can't see throwing a human life away for 20 years and then forget about him, for making a bad choice in life. Especially because he hasn't committed any violent crimes, he's not a rapist or a thief or child molestor, he's not a robber and doesn't break into peoples' homes. He's never been a bully or a trouble maker, he's not a terrorist, he's NONE OF THESE THINGS.He needs a helping hand UP, not a "HAND OUT". He deserves a helping hand up to change his way of thinking and to better his life. He needs to create and maintain his life goals and strategies. He needs to pay his debt to society for his wrong doings, by working hard and to pay with his earnings for what he's done. He needs to learn to have respect for the law and to understand that laws were created for every persons' safety & everyone needs to obey them or be punished.Locking him up is going to create a burden on the state due to having to support his room & board, medical attention in his old age and will create a hateful, vengeful monster who doesn't have any self respect or respect for others. If he is locked up for a lengthy time, he'll become institutionalized anyways and will be a bigger burden on the state for support because he won't give a damn about life on the outside.So wish me luck and please pray for my family and I. Everyone needs prayers whether they're incarcerated, done something wrong or not.Best Regards,
Maggie
Expert:  Marsha411JD replied 2 months ago.

Thank you for your reply Maggie. It is unlikely that he would ever be sentenced to the full 20 years even though that is in the range. As mentioned, there are factors and facts his attorney can use to mitigate the crime, should he be convicted, that will likely make any sentence at the minimal end of the range. Keep in mind that if he cannot afford an attorney himself, that he will be appointed one by the court and that attorney is capable of assisting him. In other words, as a mother myself, I know you would do anything you can to help your son, but make sure that you don't jeopardize your own well-being in this situation. He has options other than your hiring and paying for an attorney yourself. I wish you the best and hope your son can get his life turned around.

If you are satisfied that we have covered the issues you wanted to, then please don't forget to leave a positive rating in the ratings box at the top of the page so that the Site will give me credit for working with you. Thank you again

Expert:  Marsha411JD replied 2 months ago.

Hello again Maggie,

I wanted to touch base with you and make sure that you did not have any additional follow up questions for me from the answers I provided to you on the 24th and 25th. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I have not received your rating of my efforts to assist you.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating,please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.