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Serve a couple months in jail to finish out my probation sentence. Possible?

Houston, TX |

I have a little over a year left on my probation sentence of 5 years. I had one violation in which I served a little jail therapy for about a month ago. Well at the moment, I lost my job and my wife, so I am curious as to if it is possible for me to ask the judge if I could serve a couple months in the county jail to finish off my probation. Is this likely? It is for a felony DWI (my violation was for a traffic ticket). I have met a few people in jail that were do just that and I think I would rather try to get finished with my sentence now if possible. If it is likely and if any Harris County criminal attorney is reading this and thinks they may be able to accomplish this for me, please let me know and I will contact you asap (within 24 hours). And a average price you may charge as well.

If you do not practice law in Harris County, please provide me with your opinion(s) atleast. Thank you!

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Attorney answers 3


It is not possible. A judge can't sentence you to a couple of months in jail on a felony. She can sentence you to a couple of years in prison. It sounds like you've come a long way. I would do everything possible to finish out the probation successfully.

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You cannot serve a couple of months in jail to end a felony probation. If that probation is revoked, you are looking at 2 years in prison minimum. Do not believe the crap that people in jail tell you - that is part of why they are in jail.

What can happen really depends on the judge (there are 22 felony judges in Harris County) and WHY you think this is necessary. Most judges are not quick to release someone from the obligations. If you have a year left, then they would have to sentence you to a that remaining time in jail as a condition of probation.

Frankly, I do not see this happening for you, especially with one violation under you belt.

Cynthia Henley


A judge couldn't sentence you to less than 2 years in prison so I highly recommend you just successfully complete the remainder of your probation.

Law Office of David D. White, PLLC
1205 Rio Grande St.
Austin, TX 78701
(512) 369-3737

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