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Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 33413
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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I am needing someinformation Quickly. I know some one that

Customer Question

I am needing someinformation Quickly. I know some one that his probation has been revoked and they are wanting to send him toTDC for 5 years, he has been told that the State is offering 5-1, needto know quickly if this is true and what needs to be done. Probation revoked for not going to probation 2-3 times , behind on probation, was locked upfor 9 1/2 mo.Please respond quickly. Also when he was locked up before the appointed lawyer failed to tell him he could 0f filed a 1244 and received lesser charges.What is a 1244, and what can we do about it and the lawyer? lease help.               thank you connie chambers    Fax XXX-XXX-XXXX, workXXX-XXX-XXXX, be here till4pm today back in am 7:30am -4pm.
Submitted: 8 years ago.
Category: Criminal Law
Expert:  P. Simmons replied 8 years ago.
Can you tell me which state this is from?
Customer: replied 8 years ago.
Already asked for info. Need toknow if state is doing 5-1,someone on probation, probation revoked,has spent 91/2 mo. already, back in 2 weeks now.was told State doing 5-1 and when out no more probation. 1244 what is it appointed lawyer failed to say and he could of gotton lesser charges.what needs tobe done about this and the lawyer. connie chambers
Expert:  P. Simmons replied 8 years ago.
I am going to opt out and send this to some one who has more experience

best of luck
Expert:  Dwayne B. replied 8 years ago.
A 1244 is where the state prison time is allowed to run in the local jail, usually because a state jail felony has been reduced to a misdemeanor ofr purposes of sentencing. There isn't much you can do about this because there is nothing that can make a DA offer it. Any complaints about the lawyer or their performace have to be taken up with the lawyer or the State Bar, although you should try the lawyer first. The DAs rarely offer 1244s because for budget reasons they woudl rather have the defendant in a state jail rather than the local jail.

The amount of time a prisoner serves of their sentence can vary from month to month. There is no set formula and no way to tell what it will be in a few months. A few years ago people were doing 1 month for every year they were sentenced to, unless it was a DWI or aggravated charge. The last I heard it was 3 for 1, but that was just talk from jailers and inmates. No state agency will confirm the actual numbers.

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