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What sentence to expect?

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

Posted

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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Posted

Don't love him. He is a danger to my grandchildren and needs to do time. This probation is his 4th time since 2003. He got 5 yrs. probation and it was a felony charge.

Larry Dean Bloomquist

Larry Dean Bloomquist

Posted

Call the District Attorney's office and let them know how you feel.

Asker

Posted

Thank you. I did last time and I will this time.

Posted

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

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Posted

Yes, the family violence was a felony charge. He got 5yrs probation. He also had a DWI charge which he got probation. He just got a DWI charge dismissed in Bexar Co. because the officer didn't show up in court. Blood was drawn. Elevated levels of his prescription drugs were in his system. Alcohol was only.01. I want him to do time.

Posted

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.

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Posted

3rd degree felony for the family violence. He is on 5yrs. probation. This is his 4th time to be on probation since 2003. He has 3 prior family violence probation and 1 DWI probation. It's a miracle my granddaughter wasn't hurt. I want him to do time. My grandkids deserve better.

Macy Michelle Jaggers

Macy Michelle Jaggers

Posted

They sure do. Maximum punishment on assault case is ten years in prison (assuming no enhancement paragraphs). The DA and judge will hate these facts. The ONLY way I see him getting probation is with an in-patient treatment program as a condition. He would have to complete that program (which would take about a year) before he could be released on probation.

Asker

Posted

Isn't getting another charge a violation of probation? Won't they revoke his probation? He's only been on probation about a year of the 5 he got. He always plays the I need help card when he gets in trouble.

Macy Michelle Jaggers

Macy Michelle Jaggers

Posted

Yes it's a probation violation. That's why I'm referring to the range of punishment on that offense. Anything can happen on a probation violation--prison time, modified probation conditions, continued on probation, etc.

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