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I have been on probation for 10 months out of Bexar county. It's my first dwi and I want to serve out sentence it was originally

Austin, TX |

180 days. Will I get trustee or sheriffs good time or three for one? How much time will I serve. I am going to court for mtr soon and I suspect they will want rehab but I need to get this behind me and move on. i cant afford the breathalyzer or any of the other stuff. Will the judge let me and what else should I know. I am using public defender since I can't even afford a lawyer now. Any help would be greatly appreciated.

I don't have any other crimes on my record, I should add. Also my probation is for two years.

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Attorney answers 5

Posted

Who do you think is better qualified to answer your question, a public defender who has all the facts, evidence, dates, times etc of your case or a bunch of lawyers on a web site who have none of the facts?

Providing general answers are meant to help the poster to understand some complex legal concepts and in no way creates an attorney-client relationship.

Asker

Posted

I guess this website makes no sense according to you then?

Kathryn Mary Holton

Kathryn Mary Holton

Posted

No you asking strangers over your own lawyer makes no sense. The web site makes perfect sense.

Asker

Posted

I am using the website exactly the way it was intended. A the top of the page it says ask a lawyer. Not ask a lawyer and get heckled with rhetorical questions by a pretentious know it all.

Posted

The Public Defender is best situated to help you here as he or she has all of the real facts at his/her disposal. Good luck!

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

Posted

It's up to the sheriff's office how your time is multiplied. The judge will sentence you to the appropriate amount of time. In Bexar County, you get 2 for 1 pretty automatically. The 3 for 1 is if you are a trustee, and only if you're a trustee. If you apply for work release, it's day for day. Austin is probably similar. Your court appointed lawyer can tell you for sure, though.

Talk to that person about not wanting to go into rehab. See if that person is able to request lesser time. Sometimes they are, and sometimes they aren't. The reason others are telling you to ask your attorney is because that person knows your violations, your judge's temperament and court procedures/policies, and your prosecutor.

If your violations involve testing dirty for drugs or alcohol, you might want to take advantage of whatever rehab they offer instead, though. If you know you're on a serious probation and still can't stay away from it, you might have a problem you don't even realize you have. This is probably a real good time to try to kick it, so that your entire quality of life improves. Just food for thought.

Good luck.

Deepali Meenu Walters

Deepali Meenu Walters

Posted

Oh, I just saw that your question is about this county. I've answered how the jail applies time. Talk to your attorney about what you can work out on the revocation. In some courts, you're looking at getting slammed and in others, you might spend a few weeks in and be done. You will get a license suspension, so just know that going in.

Posted

The amount of time you get will depend on any violations that you have while on probation so far. It also depends on how much you have complied with the required conditions. You mention that they may want rehab so this may mean you have a new violation or failed urinalysis. It depends also on the Bexar County judge who you will go in front of. I think you should keep doing some AA meetings and have proof that you care for the judge to consider. The ignition interlock device is expensive but there are alternatives. Whether you get trustee depends on the jail once you are sentenced.

Posted

Neither the Judge nor the ADA have control over how your sentence is calculated. Time/sentence calculations are done by the sheriff's office. The ADA will review your case (including your motion to revoke/adjudicate) and offer what they believe is the appropriate punishment. Ultimately, the judge may accept or reject the plea bargain. Having practiced law in over 150 counties throughout Texas I can state that as a generality you get 2 days credit for every 1 day you serve. Trustees generally receive 3 days credit for every 1 day served. Work release, if allowed is generally calculated on a day for day basis.

DWIs are very costly. Both in terms of competent representation and probation.

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