My husband has a criminal history. He has been in jail 4 times for various reasons. He just got out 4 months ago and was this last time 2 years in jail
Burglary of Building is state jail (ROP 6 months to 2 years) in Tx State Jail); Evading arrest in a vehicle is now a 3rd degree felony (2 - 10 yrs in Tx. Dept. of Corrections); evading on foot is a class A misdemeanor (up to one year in local jail); theft of property ROP depends on the value of the stolen property ($50-500 class B, $500-1,500 class A, $1,500 - 20,000 state jail); Criminal Trespass is a class b misdemeanor (up to 6 months in local jail) if trespass is on grass, driveway, etc. outside. CT is a class a misdemeanor (up to a year in jail) if the defendant goes inside the house or building). Unless the theft is valued at $100 or more, your husband's charge of evading looks to be the most concerning. If he has a prior felony conviction, it would bump up these current felony charges one level. For example, the evading (if in vehicle) goes from 3rd degree felony to 2nd degree (2-20 yrs TDC).
Note: The prosecutor files the charge but does not determine the range of punishment. The statutes in the penal code decide the range of punishment.See question
I am on deferred adjudication for 2 felony charges from 2010 . I received 5 years probation o In 2011 for the charge I have been on probation since April of 2011 with no prior violations all classes, fees are up to date never failed a drug test o...
The probation officer works under the judge, so they can meet with you without a prosecutor or defense attorney. In Tarrant County, it depends somewhat on the judge, but I agree with the previous answers here in that the PO and judge will want to see you in drug treatment or perhaps just extend your probation another year. There is a 90 day treatment in-custody at Greenbay or the very intense SAFPE in prison for 6-9 months with half-way house aftercare. If you have insurance you may want to look into private treatment options before you meet with these two. I hope you already have a DWI attorney. One way or another I recommend you share your details with a criminal defense attorney prior to the admin conference.See question
I never had a dirty UA for probation
One of the terms of any probation in Texas is that the probationer not violate any laws. A positive hair follicle test would indicate you have used a controlled substance, sometime in the past several months, which is illegal in Texas without a prescription. B ut, very probationer has the right to have a revocation hearing to deny or explain the alleged violation. This hearing is in front of a judge, not a jury. If your criminal case is a drug charge, be aware that a conviction for felony drug use or dealing is one of the grounds for termination of parental rights. Drug use without a conviction can be used to terminate parental rights under the ground of neglect.See question
I am filling out job applications and I am at the part where it asks if I have ever been convicted of a crime. I went to court for a DWI and pled guilty because i couldnt afford an atty. and they would not appoint me one. So if I pled guilty and ...
Yes. A DWI charge always results in a conviction if the defendant is found guilty in trial or pleads guilty. There is no deferred adjudication for a DWI in our Texas and most other states. The legislators in Austin passed this law. Someone could plead guilty to aggravated sexual assault of a child or aggravated robbery, for instance, and be given deferred adjudication probation. This means a person can plead guilty to a 1st degree felony and not be convicted. But a defendant cannot get a deferred probation on a Class B DWI. A DWI arrest and conviction result in serious lifelong consequences.See question
I WAS RELEASED ON DWI PROBATION FOR 24 MONTHS BUT ALOT OF PERSONAL & FAMILY ISSUES HAVE COME UP AND HAS PROHIBITED ME FROM MAKING BETTER DECISIONS. I HAVE ATTENDED SOME CLASSES BUT FAILED 3 UA'S. I MISSED MY LAST MEETING WITH MY COURT OFFICER DUE ...
Yes, and the judge may allow you to just report nightly to sleep at the jail if you are working, rather than spend 24 hours there.
As you probably learned, whether you are put on probation or given a jail sentence for a DWI, you are convicted. So serving time in jail won't change your judgment. But you will still need to take the Texas Drug Offender Course and pay TXDPS surcharges for three years, whether you are on probation or you do jail time. This is not a complicated situation for a criminal attorney to handle for you. Most criminal attorneys have extensive experience in resolving your situation.
my ex husband is out on probation for a 3rd felony DWI. He is trying to get custody of our child. I received a copy of his probation terms and he has a suspended license yet he drives everyday. he's unemployed and comes to the school and school...
Driving with a suspended license is a misdemeanor offense. If he gets arrested for driving with license suspended (DWLS), he risks revocation of his felony probation. However, he may have been granted an occupational driver license, depending on how long he has been on probation. The occupational driver license allows the driver to drive for work and household activities (taking the children to school, medical appointments, groceries, etc.).See question
does a district attorney have to have evidence to indict you? what if u are being accused of something and have been charged with something they and say happened last November a yr ago but u have been arrested for it but u haven't been indicted ...
A felony charge is usually resolved many months after the arrest. Here is how the indictment process goes: The Grand Jury will vote "true bill" if the prosecutor can show there was probable cause to arrest a suspect. "True bill" means the case is indicted and proceeds to a felony court for regular settings until the case is resolved by a plea or trial. The police report filed with the District Attorney's Office contained a sworn affidavit from a police officer. A judge reviewed the affidavit to determine if probable cause existed to arrest you. The DA's Office Intake prosecutor also reviewed the affidavit (and police report) to determine if probable cause existed to file your case. Thus a judge and a prosecutor have already found PC existed to allow police to arrest you. So you can see that the Grand Jury typically does not have any difficulty voting to true bill a felony case. I urge you to discuss your questions and your goals with a local criminal defense attorney.
Also, since you bonded out, the prosecutor has 180 days to present the facts to the Grand Jurors for their vote. (The prosecutor has 90 days to present the case if the suspect remains in jail without making bail.) But if the case is not presented within that time, the prosecutor can simply refile the case.See question
This is my first time ever getting arrested. My first court date is next week and I have no idea what to do or to expect. I know i could be facing more jail time and a fine. Would pleading no contest help with getting a lesser punishment? I would...
Consult with a Tarrant County criminal defense attorney! Some attorneys do not charge for the consultation. A Tarrant County attorney will know the programs, prosecutors and the judge for your Tarrant County Criminal Court. You should learn all of your options so that you can make an educated decision. Perhaps you might even qualify for a deferred prosecution or a reduction. At the first court setting, you will not be forced to resolve your case at that time so take a deep breath.See question
When you are being released from county jail do the sherrifs check you for warrants in other counties before letting you go.if one does pop up do they call that county n tell them they have you and put a hold on you?
Yes. If there is a warrant showing from a local municipality (city jail) for tickets, the sheriff will hold you as well. It will be up to the city or the other county to come over and pick you up. At least in Tarrant County, most local municipal judges will give a defendant credit towards money owed for tickets (class C misdemeanors) for the time he sat in the county jail. But this is discretionary - not mandatory - for the city judges. In Tarrant County, the release desk will provide you with a print-out of days you've spent in TC Jail upon your release. Take that document to the municipal judge and ask to get credit for the days you just spent in the first county jail. If another county picks you up, request to have your sentence run concurrent with the plea deal (probation or jail sentence) you just concluded in the first county. Also be aware that visitors will also be checked for warrants when they come to see you in ajail. If they have any active warrants, they will be arrested.See question
Time on 3 year jail sentence
A 3 year sentence indicates this is a felony charge, therefore time would have to be served in prison (Texas Department of Corrections). Misdemeanor sentences are served in the local county jail. If the charge is a "3g offense" and/or includes the word "aggravated," the defendant must serve at least 50% of the sentence before he/she can be considered for parole. Otherwise a defendant can be considered for parole after 25% of his/her time is served. In Tarrant County, judges give credit for the days spent sitting in the local jail after arrest. So if the defendant spent 6 months in the county jail before he/she pled, the defendant would have to serve a minimum of 3 months in TDC before any opportunity to go before the parole board - if the crime is not aggravated. (9 months is 25% of 36 months.) For an 3g/aggravated offense, the defendant would have to serve at least 12 months in TDC after sitting 6 months in the county jail following arrest. (18 months is 50% of 36 months.)See question