Legal Question in Criminal Law in Texas

Re: What would his sentence be???

Hello --

I'm sorry to say that there is no 'correct' answer to your question. First of all, the motion to revoke can be for parole or for probation. If he served 5 months and then was put on supervised status, in Texas this could be "shock probation" (jail time followed by regular probation) or parole (actual early release from jail that is monitored to see if the release was appropriate). The second issue may arise in regard to the prosecutor's choice as to the charge -- he or she could assert that the new offense should have an enhanced conduct due to habitual conduct. If so, any supervised release is unlikely. More than likely, if the new offense is prosecuted, your friend will face jail time. He may, however, be able to make a suitable settlement arrangement if only the revocation is pending which would keep him out of jail. If both charges remain, he needs to have a very good attorney and a good rapport with the prosecutor to stay out of jail. I apologize that a more clear answer cannot be given.

Should you have any questions or if I may be of further help to you, please feel free to consult with me via e-mail at: [email protected] or via telephone at 254.756.5004 Thanks, and all the best to you both.