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Old 07-27-2017, 08:35 PM
Nemo_Made1217 Nemo_Made1217 is offline
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Question Burglary of a Building 2nd strike?

Ok this is a long shot but what would the potential sentencing be for an individual who as just been arrested for burglary of a building for the 2nd time? He says it was a misunderstanding there was drug use involved and he wants to get out and go to rehab (or so he is saying right now?)

Just April of 2016 he was convicted of and served time (30 days super lenient I am sure) for a charge of a state jail felony for burglary of a building from a 2011 arrest in Montgomery County (Texas). Now he has been arrested again and is in Polk County jail for the same charge

I'm freaking out a bit because if he is behind bars I will have NO ONE to help with our children and he has really been trying to get his life on the right track or so it seemed. Ugh idk I'm probably just rambling I'm sorry if you have made it this far thank you! And thank you in advance for any help / advice you may have. <3
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Old 07-27-2017, 08:49 PM
MissStar MissStar is offline
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Hey there..
I don't have much knowledge of the question you are asking... but I do know that there are so many variations that are involved regarding sentencing. I'd highly suggest getting an attorney (even if it's a court appointed one). I'm sure the courts will (obviously) not be happy that his second offense was of the same kind, and that there were drugs involved.
I'm sorry that you have to go through this, I hope you're able to find emotional support during this time. I'd suggest beginning to plan for the future regarding help with the children, etc.. (maybe even gov asst if you have to)
Good luck, mama!
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Old 07-28-2017, 06:19 AM
CenTexLyn CenTexLyn is offline
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A State Jail Felony with a prior State Jail Felony conviction and no other felony convictions would be enhanceable to a third-degree felony. He is at risk of up to ten years in TDCJ.

The 30-day sentence suggests he was a 12.44(a) disposition, but if he was extremely fortunate, it was actually reduced to the misdemeanor offense of Attempt to Commit (offense). If THAT occurred, then the present offense would retain its character as a State Jail Felony.
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advice for needed, burglary, children, polk county, second strike

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