Legal Question in Criminal Law in Texas

My Fiance was given 2.5 yrs total probation for a Class A misdemeanor-Burgulary of vehicle and Class B Misdemeanor-Poss of MJ. Prior to probation he served 2 weeks in county jail and was released only to land back in jail a month later after being arrested for a state jail felony theft charge. He is currently being held on $600,000 bond $100,000-for the new theft charge and $500,000 for probation violation-unauthorized use of vehicle.My question is what is the minimum and maximum amount of time he is facing and is it possible that his probation will get reinstated once he goes to court?We cant afford an attorney as we have a baby due in 3 months so is there anything he can request through his court appointed attorney to lessen his sentence? He's currently in Dallas County Jail and almost everyone gets credit for time served..it takes about 6 months to get a court date and he's only been in since 8/13/09.Thanks


Asked on 8/31/09, 10:23 pm

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

Maximum for the state jail felony is 2 years. If he has no prior felonies, he may be eligible to have the theft charge punished as a class A misdemeanor under section 12.44 of the penal code.

It might be possible to get him probation on the Felony continue him on the other offenses and run them all together.

Another option is to do jail time on the three charges, and have him do work release so he can support his family.

He needs to review his options with his attorney.

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Answered on 9/05/09, 11:32 pm


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