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How does the state determine if someone is eligible for probation after 7 dwi convictions, 9 arrests?

Woodville, TX |

My son’s biological father was indicted 3 years ago in Tyler County in Texas in Woodville Texas to be exact. This is his 9 DWI arrest and it will be his 8th conviction because he gave blood this time and it was loaded. Twice before he had probation and it was revoked from dirty urinalysis. I have raised my son for 8 years but always worry this man will show up one day. Therefore I have been following this case waiting to find out the result. I’m afraid one day I will have to spend time and money in court trying to prove why he can’t take visits with my son. When in reality I feel if the DA’s had done there job I would not have to do so. Not to mention the clear possibility of him killing someone. He is soon to finally go to Trial. I know the state investigated to determine if he was eligib

eligible for probation. Please tell me what is the criteria to determine this and where can I find it. I have searched the penal code and can not locate this information. Thank you

Attorney Answers 4

Posted

It is entirely in the discretion of the judge and the prosecution.

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My answers are intended only as general legal advice and are not intended to create an attorney-client relationship. There is no substitute for a full consultation with a local experienced criminal defense attorney. For more answers based on my 19 years of experience visit my website, www.austincriminaldefenseattorney.com

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Posted

My guess is that the State will not offer probation given the facts you have laid out.

James R. "Jim" Butler,Houston,Texas,DWI Lawyer. Free Consultation .Call (713)236-8744. I only represent people accused of DWI in Texas.

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Posted

It is completely within the discretion of the DA whether to offer probation. It certainly seems unlikely in this circumstance, but nothing you have state prevents it.

Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at www.macyjaggers.com for more information about her services and recent victories.

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Posted

I think the chances of this person getting probation are highly unlikely. He is not legally eligible for probation, should it be taken to a jury trial but the prosecutor does have the discretion to offer it if they deem the case requires it. (Possibly a weak case, unavailable witness,etc.)

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