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

Asked over 1 year ago - 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 Twice before he had probation and it was revoked from dirty urinalysis.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

Additional information

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)

  1. Richard Timothy Jones

    Contributor Level 17

    6

    Lawyers agree

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

    Www.Austincriminaldefenseattorney.Com
    512-495-1813
    Austin Jail Release Lawyer
    Austin Felony DWI Lawyer

    My answers are intended only as general legal advice and are not intended to create an attorney-client... more
  2. James Richard Butler

    Pro

    Contributor Level 12

    6

    Lawyers agree

    Answered . 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... more
  3. Macy Michelle Jaggers

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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... more
  4. Kimberly F. Minick

    Contributor Level 8

    5

    Lawyers agree

    Answered . 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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