Legal Question in Criminal Law in Texas

My husband was arrested for possession of a controlled substance (less than 1 g) in July of 2009 in Navarro County. He was given deferred adjudication. He did not get in any more trouble until January of this year when he went in for his appointment with his probation officer and was arrested. He was not keeping up with his appointments and UAs like he was supposed to for the preceding 2 or 3 months according to the allegations so a warrant was issued for his arrest. The DA's best offer has been 12 months. We are unable to afford an attorney and his public defender is advising that he take the 12 months. It seems a little harsh but she says that this particular county just doesn't believe in second chances. Does this ring true or is it likely that he can get a better deal than 12 months?


Asked on 5/11/12, 2:50 pm

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

Countys with small populations are typically harsher. However, I know nothing about Navarro County.

If your husband did not keep up with his UAs and visits he violated the conditions of his probation. The court has the power to find him guilty and sentence him to the two full years in State Jail.

The Court can find him guilty and then put him on regular probation.

The court can deny the motion and modify his conditions.

Find out how experienced his attorney is with this sort of case. What is the basis for her accepting 12 months. What is the experience of the prosecutor and the judge.

If your husband does not like the 12 months he can agree to go open on sentencing. This would leave the sentencing to the judge. Or he can go open with a cap. For example he can agree to a cap of 18 months or 12 months. This would place the sentence between the statutory minimum of 6 months and the cap.

Another consideration is your husband's record. Is this his first offense or is he a career criminal? If he has a long record, 12 months may be a good deal. Also remember the he will get credit for the time he has served in jail. If he has been in jail since January, 12 months is really 6 or 7 more months.

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Answered on 5/11/12, 7:51 pm


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