Welcome to the Prison Talk Online Community! Take a Minute and Sign Up Today!






Go Back   Prison Talk > U.S. REGIONAL FORUMS > TEXAS > Texas Legal News & Information
Register Entertainment FAQ Calendar Mark Forums Read

Texas Legal News & Information Topics, Discussions and Information relating to Legal Information specific to the State of Texas.

Reply
 
Thread Tools Display Modes
  #1  
Old 02-03-2018, 10:22 AM
WhoKnows82 WhoKnows82 is offline
Registered User
 

Join Date: Jan 2018
Location: Texas USA
Posts: 8
Thanks: 7
Thanked 1 Time in 1 Post
Default DWI with Child Passenger-Sentences??

My friend was just charged with DWI with a Child Passenger which is a state jail felony. However, he is a convicted felon. He has not been in any trouble since going to state jail 10 years ago, aside from some traffic tickets. He also opened a successful business since then. Does anyone know what kind of sentence he is looking at? Could he get probation since hes been good for so long? I know it will probably be 2-10 because of enhancements but I was wondering if anyone has real life experience with this exact charge? Thank you in advance!
Reply With Quote
Sponsored Links
  #2  
Old 02-03-2018, 10:26 AM
nygirl17 nygirl17 is offline
Registered User
 

Join Date: Apr 2016
Location: Michigan
Posts: 4,532
Thanks: 153
Thanked 2,970 Times in 1,799 Posts
Default

Yikes i know it's different in every state. And im sure someone might be able to help narrow it down. But I know someone with a similar case hwre in michigan Michigan and he got 7 years.
__________________
Reply With Quote
The Following 2 Users Say Thank You to nygirl17 For This Useful Post:
WhoKnows82 (02-05-2018), xolady (02-14-2018)
  #3  
Old 02-03-2018, 04:29 PM
CenTexLyn CenTexLyn is offline
Registered User
 

Join Date: Sep 2003
Location: TX-US
Posts: 14,913
Thanks: 648
Thanked 11,098 Times in 6,006 Posts
Default

With the State Jail Felony, there is a presumption towards treatment. Many skip that because they don't want to give up the habits or go through treatment. Those that are willing to undergo treatment will fare better on a SJF, even getting probation with prior histories of felony conviction. The enhancement paragraph, if the case goes to Indictment, can always be waived as part of the plea agreement.

One variable here is whether there is any other history of ARREST for DWI. Since he was charged with just the SJF, it would appear at first blush that there is no other history of CONVICTION for DWI, but many were able to avoid conviction in the past through the use of Obstruction of a Public Roadway or other similar traffic offense. That door has largely been closing in the past decade.

Also critical here is going to be what programming he immerses himself into while the case is pending.
Reply With Quote
The Following 3 Users Say Thank You to CenTexLyn For This Useful Post:
Fridyrr.Likn (02-05-2018), WhoKnows82 (02-05-2018), xolady (02-04-2018)
  #4  
Old 02-03-2018, 09:38 PM
yourself yourself is offline
attorney
 

Join Date: May 2010
Location: around
Posts: 11,949
Thanks: 4,290
Thanked 21,723 Times in 7,592 Posts
Default

Quote:
Originally Posted by CenTexLyn View Post
With the State Jail Felony, there is a presumption towards treatment. Many skip that because they don't want to give up the habits or go through treatment. Those that are willing to undergo treatment will fare better on a SJF, even getting probation with prior histories of felony conviction. The enhancement paragraph, if the case goes to Indictment, can always be waived as part of the plea agreement.

One variable here is whether there is any other history of ARREST for DWI. Since he was charged with just the SJF, it would appear at first blush that there is no other history of CONVICTION for DWI, but many were able to avoid conviction in the past through the use of Obstruction of a Public Roadway or other similar traffic offense. That door has largely been closing in the past decade.

Also critical here is going to be what programming he immerses himself into while the case is pending.
this cannot be emphasized enough. If he has any chance of avoiding jail, he better be treating himself as an active alcoholic/addict and demonstrating to the court that he is quite capable of getting help and sticking with help.

I'm not a Texas attorney, and CenTex is, but this is the prime tactic that the defendant can do on his own to demonstrate that he's taking this situation seriously and taking aggressive steps to make sure he doesn't offend this way again.

Oh, and if Texas is like the states where I work, and his license became suspended almost immediately upon charge, he best not be driving himself to court. Nothing says, "screw you, I'm gonna do what I want" louder than driving himself to court, to appointments, or wearing beer/alcohol t-shirts to court. And yes, we can always tell when a defendant has been drinking prior to court. No alcohol is odorless, so no drinking, no pot, no anything that can be considered an intoxicant. He should expect that he's having a UA every day until this is all over and act accordingly.
Reply With Quote
The Following 4 Users Say Thank You to yourself For This Useful Post:
Fridyrr.Likn (02-05-2018), liveweyerd (02-05-2018), WhoKnows82 (02-05-2018), xolady (02-04-2018)
  #5  
Old 02-04-2018, 06:09 AM
CenTexLyn CenTexLyn is offline
Registered User
 

Join Date: Sep 2003
Location: TX-US
Posts: 14,913
Thanks: 648
Thanked 11,098 Times in 6,006 Posts
Default

Quote:
Originally Posted by yourself View Post

Oh, and if Texas is like the states where I work, and his license became suspended almost immediately upon charge, he best not be driving himself to court. Nothing says, "screw you, I'm gonna do what I want" louder than driving himself to court, to appointments, or wearing beer/alcohol t-shirts to court. And yes, we can always tell when a defendant has been drinking prior to court. No alcohol is odorless, so no drinking, no pot, no anything that can be considered an intoxicant. He should expect that he's having a UA every day until this is all over and act accordingly.
The defendant still has the free discovery that comes through the ALR hearing. And, admittedly, occupational licenses are handed out like candy in this State. There are a LOT of arrested drunks with licenses to legally operate a vehicle...a percentage of which never bothered to install the mandated interlock in the vehicle they drive.
Reply With Quote
The Following 2 Users Say Thank You to CenTexLyn For This Useful Post:
Fridyrr.Likn (02-05-2018), WhoKnows82 (02-05-2018)
  #6  
Old 02-04-2018, 04:02 PM
yourself yourself is offline
attorney
 

Join Date: May 2010
Location: around
Posts: 11,949
Thanks: 4,290
Thanked 21,723 Times in 7,592 Posts
Default

Quote:
Originally Posted by CenTexLyn View Post
The defendant still has the free discovery that comes through the ALR hearing. And, admittedly, occupational licenses are handed out like candy in this State. There are a LOT of arrested drunks with licenses to legally operate a vehicle...a percentage of which never bothered to install the mandated interlock in the vehicle they drive.
Wow. Just wow.
Reply With Quote
  #7  
Old 02-04-2018, 04:31 PM
CenTexLyn CenTexLyn is offline
Registered User
 

Join Date: Sep 2003
Location: TX-US
Posts: 14,913
Thanks: 648
Thanked 11,098 Times in 6,006 Posts
Default

Quote:
Originally Posted by yourself View Post
Wow. Just wow.
Not really a surprise when you consider that open containers in a vehicle were not banned until the fall of 2001...and at that, it is still just a Class C misdemeanor separate and distinct from any other offense that might exist.

Some of the newer revisions to the laws were the ones that created the SJF of driving while intoxicated with a child under the age of 15 in the vehicle. And a first-time DWI with a BAC over .15 is a Class A misdemeanor instead of the ordinary 1st offense Class B misdemeanor. The Class A is what the Travis DA got charged with just under five years ago.
Reply With Quote
  #8  
Old 02-04-2018, 07:42 PM
yourself yourself is offline
attorney
 

Join Date: May 2010
Location: around
Posts: 11,949
Thanks: 4,290
Thanked 21,723 Times in 7,592 Posts
Default

Quote:
Originally Posted by CenTexLyn View Post
Not really a surprise when you consider that open containers in a vehicle were not banned until the fall of 2001...and at that, it is still just a Class C misdemeanor separate and distinct from any other offense that might exist.

Some of the newer revisions to the laws were the ones that created the SJF of driving while intoxicated with a child under the age of 15 in the vehicle. And a first-time DWI with a BAC over .15 is a Class A misdemeanor instead of the ordinary 1st offense Class B misdemeanor. The Class A is what the Travis DA got charged with just under five years ago.
I thought WI was bad, both because of the leiniency of its DWI and because it's not a Compact state.

Even with as harsh as some states seem to be, it takes a bit of effort to get that first DWI - most wind up with some form of Court Supervision (assuming no other criminal history), be a good person for a year, it all goes away. Then there are programs/statutes like IL's TASC -treatment alternative to street crime - which can be used to get rid of a DUI without a conviction, provided you do all of the treatment. iA has been the toughest state I've practiced in in that they require a Substance Abuse Assessment before they are willing to even knock it down to a non alcohol related offense.

The only time I've had the state really go after a person was a woman who registered .32 or .34 and was weeks away from giving birth. The state basically wanted her in jail (small county jail) when she went into labor in hopes that the baby would be born sober. Then they settled it. The DCFS case, however, stayed open, especially when the baby was born with fetal alcohol syndrome, but otherwise sober. Otherwise, you really have to work at it to get a DUI your first go even in my states.

Can't imagine Texas. IIDs are mandatory, with parole/probation making sure the offender gets the device installed as part of probation/parole conditions. Doesn't apply to motorcycles as there is no IID on the market for motorcycles last I checked, but....

And the moment you get busted for an alcohol related offense, no matter what the final outcome, your license is suspended. You can have a hearing, but the risk is a longer suspension, plus no court appointed attorney. Throw in admissions made under oath at that hearing can be used against you in the criminal cases - very few people avail themselves of that hearing option. They may apply for a work permit, but again, no court appointed attorney - most wait until the criminal case is done, usually months, even on a first, it will become a court supervision sort of outcome.

Texas - you guys are strange. Scary. To think of an 18 wheeler with some guy without a valid license behind the wheel and an actual DUI on record....
Reply With Quote
  #9  
Old 02-04-2018, 07:50 PM
CenTexLyn CenTexLyn is offline
Registered User
 

Join Date: Sep 2003
Location: TX-US
Posts: 14,913
Thanks: 648
Thanked 11,098 Times in 6,006 Posts
Default

Quote:
Originally Posted by yourself View Post
Can't imagine Texas. IIDs are mandatory, with parole/probation making sure the offender gets the device installed as part of probation/parole conditions. Doesn't apply to motorcycles as there is no IID on the market for motorcycles last I checked, but....
There are some approved for parole where the Board does not permit any driving, even with the interlock device in place. There has been some movement towards an attitude of 'if TxDPS will issue a license then you can drive with an interlock' but there is a mix of conditions being issued by the Board...

Quote:
And the moment you get busted for an alcohol related offense, no matter what the final outcome, your license is suspended. You can have a hearing, but the risk is a longer suspension, plus no court appointed attorney. Throw in admissions made under oath at that hearing can be used against you in the criminal cases - very few people avail themselves of that hearing option. They may apply for a work permit, but again, no court appointed attorney - most wait until the criminal case is done, usually months, even on a first, it will become a court supervision sort of outcome.

Texas - you guys are strange. Scary. To think of an 18 wheeler with some guy without a valid license behind the wheel and an actual DUI on record....
No court appointments for the ALR hearing. Those that request them usually had their own attorney almost from the moment of arrest. Few attorneys will have their client make any statements in an ALR proceeding. It is more about getting the BAC information more expeditiously and having a record made of the training undergone by the arresting officer as it relates to SFST or BAC testing...

Commercial drivers may actually have some other guidelines besides just the TxDL issue. We have some areas of law that do not apply to the CDL and I have known people that kept the CDL even though they were not using it...and then found out they are unable to get a deferred disposition on a speeding ticket. As relates to DWI, the federal guidelines may have similar elements that come into play on driving after a DWI arrest. Haven't worked one where the driver had a CDL so I haven't kept up with the current state of law in that regard...
Reply With Quote
  #10  
Old 02-05-2018, 04:01 PM
WhoKnows82 WhoKnows82 is offline
Registered User
 

Join Date: Jan 2018
Location: Texas USA
Posts: 8
Thanks: 7
Thanked 1 Time in 1 Post
Default

CenTexLyn,

Thank you so much for replying & offering help. He is more than willing to seek treatment. He was already in counseling for addiction prior to getting the DWI. He was arrested a week ago tonight & already has the breathalyzer installed & is signed up for a Substance Abuse Evaluation. Next step is to get signed up for DWI & drug classes. His attorney has him doing all kinds of things.

As far as his record...he does have a prior conviction for DWI. It was about 15 years ago when he was 21. Do you think they will still hold it against him?

I just reread my post & apparently I forgot to say anything about the other charge...Possession Marijuana 4 ounces- 5 pounds. How on Earth could I forget that? So, not only the DWI but Marijuana!!


Quote:
Originally Posted by CenTexLyn View Post
With the State Jail Felony, there is a presumption towards treatment. Many skip that because they don't want to give up the habits or go through treatment. Those that are willing to undergo treatment will fare better on a SJF, even getting probation with prior histories of felony conviction. The enhancement paragraph, if the case goes to Indictment, can always be waived as part of the plea agreement.

One variable here is whether there is any other history of ARREST for DWI. Since he was charged with just the SJF, it would appear at first blush that there is no other history of CONVICTION for DWI, but many were able to avoid conviction in the past through the use of Obstruction of a Public Roadway or other similar traffic offense. That door has largely been closing in the past decade.

Also critical here is going to be what programming he immerses himself into while the case is pending.
Reply With Quote
The Following User Says Thank You to WhoKnows82 For This Useful Post:
Fridyrr.Likn (02-05-2018)
  #11  
Old 02-05-2018, 04:07 PM
WhoKnows82 WhoKnows82 is offline
Registered User
 

Join Date: Jan 2018
Location: Texas USA
Posts: 8
Thanks: 7
Thanked 1 Time in 1 Post
Default

Thanks for your reply & your help! He is very much taking this seriously. He is doing exactly what the judge & his attorney have been telling him to do. He had the breathalyzer installed & is waiting to find out about the hearing for his driver's license (he has 15 days to fight to keep it). He is also off of all drugs & alcohol. He is an addict so it has not been easy, but he is doing it! Thanks again!

Quote:
Originally Posted by yourself View Post
this cannot be emphasized enough. If he has any chance of avoiding jail, he better be treating himself as an active alcoholic/addict and demonstrating to the court that he is quite capable of getting help and sticking with help.

I'm not a Texas attorney, and CenTex is, but this is the prime tactic that the defendant can do on his own to demonstrate that he's taking this situation seriously and taking aggressive steps to make sure he doesn't offend this way again.

Oh, and if Texas is like the states where I work, and his license became suspended almost immediately upon charge, he best not be driving himself to court. Nothing says, "screw you, I'm gonna do what I want" louder than driving himself to court, to appointments, or wearing beer/alcohol t-shirts to court. And yes, we can always tell when a defendant has been drinking prior to court. No alcohol is odorless, so no drinking, no pot, no anything that can be considered an intoxicant. He should expect that he's having a UA every day until this is all over and act accordingly.
Reply With Quote
  #12  
Old 02-05-2018, 08:53 PM
yourself yourself is offline
attorney
 

Join Date: May 2010
Location: around
Posts: 11,949
Thanks: 4,290
Thanked 21,723 Times in 7,592 Posts
Default

Quote:
Originally Posted by WhoKnows82 View Post
Thanks for your reply & your help! He is very much taking this seriously. He is doing exactly what the judge & his attorney have been telling him to do. He had the breathalyzer installed & is waiting to find out about the hearing for his driver's license (he has 15 days to fight to keep it). He is also off of all drugs & alcohol. He is an addict so it has not been easy, but he is doing it! Thanks again!
Encourage him to go above and beyond. Go to twice as many meetings as recommend d. Do an inpatient rehab if he can. Do a sober living if it's indicated and will help. You need to do some Al Anon meetings to show that you know how to support his sobriety.

Brain storm together about what he can do to make sure that he never again offends.

And yes, generally they do look at lifetime substance abuse convictions. My record was a guy with 7 lifetime, missing a DUI 3 by 2 months. Always assume they will look at things as negatively as possible in as far as his record goes. This way, you won't be surprised when they get down on him for it. Guaranteed, his PSI will get into it, and the impact of a person with substance abuse problems on minors.

Glad he's in counseling and doing everything his attorney tells him to. He can also take ideas to his attorney and go from there, hopefully adding to the general idea that he is quite capable of and already engaged in dealing with the problem himself so that the courts do not need to intervene to keep society safe.

Btw, DWI DUI OWI - whatever it is called in your state usually means any intoxicant, not just alcohol. That it's an illegal drug (at least if my memory of TX is correct, pot is illegal recreationally as well as medicinally) actually makes it a bit worse.
Reply With Quote
The Following 4 Users Say Thank You to yourself For This Useful Post:
Fridyrr.Likn (02-13-2018), liveweyerd (02-05-2018), WhoKnows82 (02-13-2018), xolady (02-06-2018)
  #13  
Old 02-06-2018, 07:03 AM
CenTexLyn CenTexLyn is offline
Registered User
 

Join Date: Sep 2003
Location: TX-US
Posts: 14,913
Thanks: 648
Thanked 11,098 Times in 6,006 Posts
Default

Quote:
Originally Posted by WhoKnows82 View Post

As far as his record...he does have a prior conviction for DWI. It was about 15 years ago when he was 21. Do you think they will still hold it against him?

I just reread my post & apparently I forgot to say anything about the other charge...Possession Marijuana 4 ounces- 5 pounds. How on Earth could I forget that? So, not only the DWI but Marijuana!!
Yes that prior conviction can be considered. However, I do not recall it being something that enhances the conduct beyond the SJF. That he ALSO has State Jail Felony weight on the pot charge is a major problem since that is NOT personal consumption weight...it just isn't. I don't know that many people really have a clue just how much pot is in ONE ounce much less four.

He is likely looking at a five-year term of probation that, if revoked, will result in a two year period of confinement in the State Jail Division.
Reply With Quote
The Following User Says Thank You to CenTexLyn For This Useful Post:
WhoKnows82 (02-13-2018)
  #14  
Old 02-06-2018, 08:48 AM
xolady xolady is offline
Registered User
 

Join Date: May 2014
Location: highlands, florida
Posts: 5,749
Thanks: 12,241
Thanked 5,983 Times in 3,114 Posts
Default

Quote:
Originally Posted by CenTexLyn View Post
Yes that prior conviction can be considered. However, I do not recall it being something that enhances the conduct beyond the SJF. That he ALSO has State Jail Felony weight on the pot charge is a major problem since that is NOT personal consumption weight...it just isn't. I don't know that many people really have a clue just how much pot is in ONE ounce much less four.

He is likely looking at a five-year term of probation that, if revoked, will result in a two year period of confinement in the State Jail Division.
28 grams which is roughly 28-30 joints!!! Sadly I never really used my math skills in much of a good way!!!
Reply With Quote
The Following 2 Users Say Thank You to xolady For This Useful Post:
dtmom2013 (02-13-2018), WhoKnows82 (02-13-2018)
  #15  
Old 02-13-2018, 12:43 AM
WhoKnows82 WhoKnows82 is offline
Registered User
 

Join Date: Jan 2018
Location: Texas USA
Posts: 8
Thanks: 7
Thanked 1 Time in 1 Post
Default

We were told the enhancement would come from his other prior felonies...credit card abuse, burglary of a vehicle, theft $1,500-$20,000....etc. If I remember correctly he was convicted of 7 State Jail felonies in 2007.

Thank you again for all of your help. I will get with him about all of y'alls recommendations. We will see what happens.

Quote:
Originally Posted by CenTexLyn View Post
Yes that prior conviction can be considered. However, I do not recall it being something that enhances the conduct beyond the SJF. That he ALSO has State Jail Felony weight on the pot charge is a major problem since that is NOT personal consumption weight...it just isn't. I don't know that many people really have a clue just how much pot is in ONE ounce much less four.

He is likely looking at a five-year term of probation that, if revoked, will result in a two year period of confinement in the State Jail Division.
Reply With Quote
  #16  
Old 02-13-2018, 12:53 AM
WhoKnows82 WhoKnows82 is offline
Registered User
 

Join Date: Jan 2018
Location: Texas USA
Posts: 8
Thanks: 7
Thanked 1 Time in 1 Post
Default

Thanks for all of your help! I really appreciate it & I know he will too.

Is a PSI the investigation before the case?

He wanted to go into in-patient treatment BEFORE this happened but his attorney is saying he should NOT do that. She wants him to do.simple classes. He went for a substance abuse evaluation & he wasn't fully truthful (on the advice of his attorney) & they recommended outpatient. He is still struggling with his demons, significantly struggling to be honest. It is very sad to.see someone you know & love seem to slip deeper & deeper into darkness.

I'm positive he had alcohol, Xanax, & marijuana in his system. Idk the levels but I imagine the levels don't matter on anything but the alcohol. I never even thought about the pot being an intoxicant but you are right! It's still illegal here in this great state.

Thanks again for your help!
Quote:
Originally Posted by yourself View Post
Encourage him to go above and beyond. Go to twice as many meetings as recommend d. Do an inpatient rehab if he can. Do a sober living if it's indicated and will help. You need to do some Al Anon meetings to show that you know how to support his sobriety.

Brain storm together about what he can do to make sure that he never again offends.

And yes, generally they do look at lifetime substance abuse convictions. My record was a guy with 7 lifetime, missing a DUI 3 by 2 months. Always assume they will look at things as negatively as possible in as far as his record goes. This way, you won't be surprised when they get down on him for it. Guaranteed, his PSI will get into it, and the impact of a person with substance abuse problems on minors.

Glad he's in counseling and doing everything his attorney tells him to. He can also take ideas to his attorney and go from there, hopefully adding to the general idea that he is quite capable of and already engaged in dealing with the problem himself so that the courts do not need to intervene to keep society safe.

Btw, DWI DUI OWI - whatever it is called in your state usually means any intoxicant, not just alcohol. That it's an illegal drug (at least if my memory of TX is correct, pot is illegal recreationally as well as medicinally) actually makes it a bit worse.
Reply With Quote
  #17  
Old 02-13-2018, 07:34 AM
CenTexLyn CenTexLyn is offline
Registered User
 

Join Date: Sep 2003
Location: TX-US
Posts: 14,913
Thanks: 648
Thanked 11,098 Times in 6,006 Posts
Default

Quote:
Originally Posted by WhoKnows82 View Post
We were told the enhancement would come from his other prior felonies...credit card abuse, burglary of a vehicle, theft $1,500-$20,000....etc. If I remember correctly he was convicted of 7 State Jail felonies in 2007.

Thank you again for all of your help. I will get with him about all of y'alls recommendations. We will see what happens.
Well, that is certainly new information not previously available and definitely changes the rules of the sandbox. It also substantially changes the expectations and NOT in a positive manner...
Reply With Quote
The Following User Says Thank You to CenTexLyn For This Useful Post:
xolady (02-13-2018)
  #18  
Old 02-13-2018, 07:36 AM
CenTexLyn CenTexLyn is offline
Registered User
 

Join Date: Sep 2003
Location: TX-US
Posts: 14,913
Thanks: 648
Thanked 11,098 Times in 6,006 Posts
Default

Quote:
Originally Posted by WhoKnows82 View Post
Thanks for all of your help! I really appreciate it & I know he will too.

Is a PSI the investigation before the case?

He wanted to go into in-patient treatment BEFORE this happened but his attorney is saying he should NOT do that. She wants him to do.simple classes. He went for a substance abuse evaluation & he wasn't fully truthful (on the advice of his attorney) & they recommended outpatient. He is still struggling with his demons, significantly struggling to be honest. It is very sad to.see someone you know & love seem to slip deeper & deeper into darkness.

I'm positive he had alcohol, Xanax, & marijuana in his system. Idk the levels but I imagine the levels don't matter on anything but the alcohol. I never even thought about the pot being an intoxicant but you are right! It's still illegal here in this great state.
He has an idiot for an attorney if the attorney is telling him not to go into a significant program and is telling him to lie to intake personnel. I hope he enjoys time in custody because that is precisely where such guidance tends to leave people.

I would highly recommend finding new counsel that will give him proper advice.
Reply With Quote
The Following User Says Thank You to CenTexLyn For This Useful Post:
xolady (02-13-2018)
  #19  
Old 02-13-2018, 11:22 AM
dtmom2013's Avatar
dtmom2013 dtmom2013 is offline
Registered User
 

Join Date: Jul 2015
Location: Texas
Posts: 475
Thanks: 964
Thanked 210 Times in 159 Posts
Default

This certainly doesn't sound like a probation sentence to me.
Reply With Quote
  #20  
Old 02-13-2018, 11:24 AM
WhoKnows82 WhoKnows82 is offline
Registered User
 

Join Date: Jan 2018
Location: Texas USA
Posts: 8
Thanks: 7
Thanked 1 Time in 1 Post
Default

I know it's not good. In my very 1st post I did mention that he was a convicted felon but I didn't elaborate as I should have. With all of this information now what do you think he is looking at? Don't sugar coat it please


Quote:
Originally Posted by CenTexLyn View Post
Well, that is certainly new information not previously available and definitely changes the rules of the sandbox. It also substantially changes the expectations and NOT in a positive manner...
Reply With Quote
  #21  
Old 02-13-2018, 11:30 AM
WhoKnows82 WhoKnows82 is offline
Registered User
 

Join Date: Jan 2018
Location: Texas USA
Posts: 8
Thanks: 7
Thanked 1 Time in 1 Post
Default

I didn't understand it either. I thought he would tell the truth, that he has struggled with addiction since his teen years. He is actually the worst addict I have ever seen & I have been around a lot of them. He attorney, for whatever reason, is going for the "I don't have an addiction, I just had too much to drink & made a mistake". I don't know why. I would think they would be more lenient with an addict but I don't know. I do know that he needs help & even after getting the charge with his child in the car (a life altering experience according to him) he is still struggling with it every day.


Quote:
Originally Posted by CenTexLyn View Post
He has an idiot for an attorney if the attorney is telling him not to go into a significant program and is telling him to lie to intake personnel. I hope he enjoys time in custody because that is precisely where such guidance tends to leave people.

I would highly recommend finding new counsel that will give him proper advice.
Reply With Quote
Reply

Bookmarks

Tags
dwi with child, felon, sentence

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Intro--Dark Passenger from Florida Dark Passenger Introduce Yourself! 11 09-20-2014 07:10 AM
For being a passenger sentenced to 6 yrs!! Jeresmom California Legal Help 8 02-12-2013 10:14 AM
Fed Judges Argue for Reduced Sentences for Child-Porn Convicts Zelda50 Federal System News, Events and Legal Issues 2 12-06-2009 03:51 PM
the passenger sherri13 The Spiritual Connection 6 06-24-2002 01:57 AM


All times are GMT -6. The time now is 12:57 AM.
Copyright © 2001- 2017 Prison Talk Online
Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2019, Jelsoft Enterprises Ltd.
Website Design & Custom vBulletin Skins by: Relivo Media
Message Board Statistics