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Will a sentence for 2nd DWI, if found guilty in trial, be worse becasuse of 2 previous felonies that are more than 20 years old

Houston, TX |

Felonies are for possession '86 (state) and distribution '89 (federal).

Attorney Answers 4

  1. Generally, you want to obtain legal advice from a lawyer in the state you are facing criminal charges.

    In Indiana if you are found guilty at trial your entire criminal history would be used against you when the judge determines your sentence. However, the fact that you have not been in trouble in over 20 years would tend to mitigate prior convictions.

    Good luck.

    This is not legal advice. Legal advice can only be obtained from a lawyer after you have entered into an attorney client relationship.

  2. The punishment for misdemeanor Class A DWI 2nd is three days in jail and no more than a year in jail and up to a $4,000 fine. The prior felony impacts the minimum sentence for this offense to no less than 90 days in jail. If you are convicted, your attorney can argue for probation or for the minimum jail sentence and present evidence to help you at sentencing. You will be required to have an interlock device and have driver's license issues. Your attorney can explain what to expect. Good luck.

    My answer is for informational purposes.

  3. DWI 2nd offense is a Class A Misdemeanor and carries a range of punishment of up to 1 year in the county jail and up to a $4,000 fine. Any Class A Misdemeanor offense where the defendant has a prior Class A conviction or higher (in this case 2 felonies which are higher than a Class A) can enhance the punishment range to a minimum of 90 days to 365 days in county jail.

    In order to be eligible for probation in Texas you cannot have a prior felony conviction. This does not mean that you cannot get probation. Often times through plea bargains people with prior felonies are granted probation. However, if found guilty by a jury and the jury is assessing punishment, the punishment range would be 90-365 days, no probation.

  4. I would definitely consult a lawyer in your jurisdiction and more importantly one who is familiar with the court you are in front of as the answer may largely be determined by the judge you are faced with at sentencing. It is safe to say your background will definitely not HELP you except that it is so far back many judges may not consider it at sentencing as much as they might if it was more recent in time.

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