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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 33405
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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My daughter is about to have to go to SafeP and after

Customer Question

My daughter is about to have to go to SafeP and after reading the horror stories I was wondering if she could change her mind and just do her time in regular prison?
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: TX
JA: Have you talked to a lawyer yet?
Customer: Yes for 5 min in the back of the court room. Public defender.
JA: What advice did they give you?
Customer: He said it was a good deal because they were going to continue her adjudicated probation instead of revoking her.
JA: Probation issues can be stressful, but getting correct information is key to getting control of a situation. Fortunately, the attorneys have a lot of experience with this, and I'd love to connect you with the best fit.
Customer: Any idea if u can change ur mind after u r sentenced? I am scared for her to go there. Sounds like real torture.
JA: Anything else you think the lawyer should know?
Customer: She has a charge of assault with a deadly weapon. So no state jail is allowed. 2-20 yr sentence. Is what was on the table vs safep
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Criminal Law
Customer: replied 1 year ago.
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Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Yes, she can changer her mind and ask the judge to reconsider the deal. Her lawyer will have to file a Motion for New Trial but if she got deferred adjudication then the judge can sentence her for between 2 and 20 year and since it is an aggravated crime she has to do at least 50% of the time before she is even eligible for parole and the last time I heard, most people aren't getting out on the first parole try if they have an aggravated crime.

If it has been more than 30 days then she can't ask for the judge o change her sentence.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

Customer: replied 1 year ago.
I just found out they sent her yesterday to safep somewhere here in TX. If the facility and treatment there is too torturous- do we have any other options to get her sentence changed to a regular prison? I know that probably sounds crazy but the stuff I am reading and hearing about this program sounds really bad and crazy.
Expert:  Dwayne B. replied 1 year ago.

It can be bad but it is usually short term and some of them aren't bad at all, much better than the state jail prisons were. As long as a person does what they are told and works then they can usually get finished with the program in a short amount of time.

This is the only option for her to get her sentence changed right now although if she messes up they will kick her out and then the judge can decide her sentence which is something she probably doesn't want to do.