What sentence to expect?

Asked over 1 year ago - Fort Worth, TX

Son-in-law is on probation for 3rd time for family violence. Has also been on probation for DUI. He is now being charged with DWI/felony endangerment of a minor under15. There was a blood draw done and he had elevated levels of his prescription drugs in his system. He ran thru a wood fence, over 2 chain link fences, turned the corner, ran over a mailbox and hit a house(16,000 worth of damage to house). He had my granddaughter in the truck which was totaled. He might not even have a license or insurance.

Attorney answers (3)

  1. Macy Michelle Jaggers

    Pro

    Contributor Level 20

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    Answered . Wow. He is in a LOT of trouble. Luckily his new charge is the lowest level felony (state jail) unless his punishment level is enhanced with a prior felony. This makes his maximum punishment on the new case 2 years in the state jail, which is essentially day-for-day although a small amount of good-time credit may be available. I cannot tell you his maximum punishment on the probation violation, because I don't know what level of family violence assault he is on probation for. Everyone should consider themselves lucky that the child wasn't seriously injured.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more
  2. Cynthia Russell Henley

    Contributor Level 20

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    Answered . The family violence case is probably a third degree which means if revoked (on a deferred) he can get from 2 to 10 years in prison. DUI (which is probably DWI) is either a Class B misdemeanor or if there was a breath test of .15 or higher, a class A. If probation is revoked on those, he can get the maximum time for the level (which is 6 months for a class B or 1 year for a Class A). DWI with child passenger under 15 is a state jail felony which means 6 months to 2 years in state jail. His driving facts aggravate the case and it is not likely he will get a low offer.

    Chances are, he is looking at time. He needs an excellent lawyer.

    Cynthia Henley
    713-222-1220

  3. Larry Dean Bloomquist

    Pro

    Contributor Level 9

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    Answered . No one can tell you for sure, there are too many variables and facts that are unknown. However if he is on probation for a felony, and has multiple prior offenses and then picks up a new felony offense that involves the risk of death to a child, well prison is in the ballpark.

    If you love him get him a good attorney. If you don’t well he is in the hands of fate.

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