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William Kent Paschal

William Paschal’s Answers

5 total

  • What happens if you reapeat the same offense? 1st offense was on deffered adjudication and was completed.

    William’s Answer

    Possession of marijuana between 5 and 50 pounds is a third degree felony in Texas. The punishment range for a third degree felony is by confinement for any term not to exceed 10 years or less than 2 years and a fine up to $10,000.00 may be assessed. Although attitudes are changing in this country about the use of marijuana, it is still illegal in Texas. If your family member completed his deferred probation, that case would have been dismissed and he would not have a felony conviction on his record. He would be eligible to receive deferred probation again. However, whether he gets it depends on how the prosecutor and the judge look at a second offense for the same crime.

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  • I have been arrested for burgulary of habitation..My first offense and no other criminal record.

    William’s Answer

    Although this is a little late for you, I offer the following rules to live by ...
    Rule Number 1: Do not talk to the police.
    Rule Number 2: Always follow Rule Number 1.
    Rule Number 3: When the police want to talk to you about a crime you may be involved with, first thing you do is ask for a lawyer.
    Exercise your right to remain silent – do not cooperate with the police.

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  • Husband is in parole, he picked up federal drug charges? If he does time federal time what happens to the parole he had before?

    William’s Answer

    Your husband has two distinct issues he has to deal with, the new federal drug charge and his state parole violation. He certainly needs a lawyer to advise him how best to proceed. The federal charges should be handled first and then the state parole violation. It would be best if your husband can be sentenced in federal court first and then have a parole hearing before he reports to or is moved to a federal prison.

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  • Does the the judge or the jail decide if my brother gets awarded trustee hours for a 2nd dwi sentencing in Texas?

    William’s Answer

    The sheriff has complete discretion as to who gets trustee status.

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  • Can you get deferred adjudication for getting a second felony

    William’s Answer

    If your friend completed probation, his charge would have been dismissed and he would not have a felony conviction on his record. He would be eligible for deferred probation from the Court. A lot depends on the mindset of the prosecuting attorney and the judge as to whether he will get it. How the victim feels about deferred probation will also come into play. Hopefully, a good attorney will be able to persuade the State's attorney and the judge that it is in your friend's and society's best interest that your friend be placed on deferred probation. Straight probation or pen time is certainly not in your friend's best interest. And it can be argued that it is not in society's best interest either in that a final conviction will impede his ability to find good employment in the years to come. It all boils down to this: Will deferred probation, and the conditions imposed by the court, serve to punish your friend adequately and make him realize he can't stalk another person.

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