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Old 07-31-2017, 11:14 AM
Garciadaisy92 Garciadaisy92 is offline
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Default 3rd degree felony: Can he get out w/probation? Or will they give him time?

My husband has a 3rd degree felony for having a substance inside a facility and a fta in ozona tx. Right now he is on upton county & he will be having court on August 3 but it will be his first court. I will like to have different opinions since I'm all new to this I really don't know how all this works . Hoping for the best . Can he get out with probation ? Or will they give him time ?
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Old 07-31-2017, 11:22 AM
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I can't answer your questions as whether he'll get probation or time for Texas, so I have moved your thread to the Texas Legal forum

Don't sweat the first court date....if he doesn't have an attorney he can file the paperwork for a Public Defender at that time. He'll enter his plea (innocent or guilty - go with innocent!) bail may be set and he'll get his next court date.

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Old 07-31-2017, 11:26 AM
Garciadaisy92 Garciadaisy92 is offline
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I'm having a little hard time since I'm new to this website didn't know how to reply.
But thankyou 😊
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Old 07-31-2017, 06:51 PM
CenTexLyn CenTexLyn is offline
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Can he get probation? Sure. Is it likely? Much depends on the rest of the criminal history. He was either being arrested on another matter and was stupid enough to bring dope into the jail (every in-car video I have ever reviewed gave people the opportunity to declare before they got to the jail if they had anything illegal on them and that woe be unto them once they enter the facility if they still have dope) or he was visiting someone and was even MORE stupid by bringing illegal crap into the jail.

If he is not already on felony paper for something else, then probation with a SAFP component would certainly be something I would expect MOST attorneys to try and deal for, provided the client is willing to go through treatment. If the client won't do treatment, then don't expect a DA to offer probation...which then means taking the case to trial and HOPING for a jury to recommend probation following a conviction.

There are other variables that come into play, but that hits the high points...
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