If somebody has never been in state jail or had a felony are they still eligible for probation.

Asked 11 months ago - Houston, TX

he has an aggravated robbery but he is not the person that did the robbing the girl who says she got robbed is a prostitute and is not a creditable witness and she hasn't been coming to court or anything but the state has not offered any plea deal or said anything about anytime his court date just keeps getting reset does that mean they could possibly drop the case for no witness or no evidence because they have nothing on the case to convict him.

Attorney answers (4)

  1. JaPaula C Kemp

    Contributor Level 16

    4

    Lawyers agree

    Answered . A judge cannot grant probation for aggravated robbery. However, a jury can recommend to the judge that a defendant be placed on probation/community supervision. In addition, if the charges are reduced, the defendant will be eligible for probation.

    As far as the victim being a prostitute, she can still be a credible witness. Being a prostitute does not necessarily mean that a person is not credible or that they cannot be the victim of a robbery. The jury will listen to her testimony and determine whether they believe her to be credible. She is not obligated to come to court for each non-issue or pre-trial setting and will not likely be there. If a trial is set, she will be called (subpoenaed) to testify and will appear at that time.

    If the defendant has an attorney, he/she will have knowledge of witness participation thus far and what evidence the state has against the defendant. The victim has probably been contacted by the D.A.'s office or an investigator for their office... and given them a statement regarding the robbery.

    The information provided is not advice but a legal perspective and you should schedule a consultation with the... more
  2. Spencer James Cahoon

    Contributor Level 10

    3

    Lawyers agree

    Answered . I agree with Ms. Kemp, but would add that it is possible the case will be dropped. If the girl who was robbed is the only witness AND she fails to appear once she is subpoenaed (or if they cannot find her to serve the subpoena) the case is likely to be dropped.

    Unfortunately, it is very difficult to predict that sort of thing ahead of time. I've had many witnesses appear in court when the defendant was certain that they would fail to show up, or when it was unclear if the witness had received the subpoena. Overall, do not count on the case being dropped.

    Answers to Avvo questions are for general information purposes only and should not be relied upon as legal advice.... more
  3. Cynthia Russell Henley

    Contributor Level 20

    1

    Lawyer agrees

    Answered . He is eligible for deferred for aggravated robbery but that would come from a judge. If he goes to trial and is convicted, the jury can give him straight probation. (The judge cannot give straight probation in an aggravated case.)

    His lawyer will advise him on the strength of the State's case and the credibility of the witnesses. While her credibility may be lacking, that does not mean a jury would necessarily find that she lied about being robbed. And, she does not have to come to court unless the case is set for trial; then she will be subpoenaed.

    Also, he can be convicted as a party to the offense meaning that he encouraged / aided / abetted but did not commit the actual robbery.

  4. Jared Seth Robinson

    Pro

    Contributor Level 14

    Answered . I agree with the previous three answers. Most DA offices have policies to not offer any sort of probation to defendants who have prior felony convictions. However, that is internal policies, and not law. The law states that a judge cannot give "straight" probation for an Agg Robbery, however a jury can. He needs to hire a qualified attorney fast.

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