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if a person is incarcerated for 90 days in county prison for…

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if a person is incarcerated...

if a person is incarcerated for 90 days in county prison for a felony 3rd degree, can they still use that time as a punishement for harresment to an officer?

Submitted: 8 years ago.Category: Criminal Law

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Customer reply replied 8 years ago

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Answered in 1 day by:

2/18/2011

Criminal Lawyer: TexCrimLawyer, J.D., Lawyer replied 8 years ago

TexCrimLawyer, J.D., Lawyer

Category: Criminal Law

Satisfied Customers: 4,833

Experience: Experienced in state and federal criminal litigation.

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Can you explain your situation a little more? You are in jail for bail jumping and harassment of a peace officer, and the DA wants to offer you a plea to the harassment for probation? If that is the case, then I don't understand what your are asking about your 90 days in jail.

Customer reply replied 8 years ago

The girl of 24 yrs.old has been taking pain killers for years and she tried to commit suicede by slicing her wrist with a surgical. That night she took 12 pills of lortabs 700 mg. plus shots of vodka. Alcohol content was 2.87 and when 911 was called she was belligerant and spit on one of the Sherrif's officers who tried to help her. a year later, she was charged with Felony for harrasing a police officer, shortly after she was bonded and she never showed for arraigment until she was pulled and arrested again. Double felony, the Da in the cty has agreeed to drop one charge and keep her in deferred felony with inpatient treatm,ent and 5 yr. probation? Does this sound right to you? I understand most addicts will break probation in the first 2 yrs. isn't this to excessive, please advice! Thanks

Criminal Lawyer: TexCrimLawyer, J.D., Lawyer replied 8 years ago

If they are offering deferred, no, this is not excessive. 5 years probation for a felony - especially one involving a police officer - is consistent with what people are getting across the state. Also, remember that if she turns that down and is convicted at trial, it will not be a deferred probation and will show as a final felony conviction (which will cause her to lose some rights like the right to possess a firearm, the right to vote, etc.). I can't give advice on whether or not she should take the plea because I haven't seen the state's proof, but if she will likely be convicted at trial, that is a fair deal.

I hope that answers your question. If not, feel free to ask follow up questions. If so, please click the "Accept" button (that's how I get paid by Just Answer). Good luck to you and your daughter.

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