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Texas Prison and Jail Specific Discussions + Lock Down Status All discussions relating to specific Texas Department of Criminal Justice prison units, Texas State Jails & Private prisons, and County Jails.

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  #1  
Old 07-12-2019, 11:15 PM
Mr.Meaner Mr.Meaner is offline
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Default Signed for SAFP Can We Still Refuse to go?

We have 5 years probation deferred. Was slapped with SAFP due to a statement that we need rehab.



We are in custody and have signed for SAFP.



Is it possible to refuse to go?
If so what will happen?



This is for a first time offense.



Thank you so much for any input
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Old 07-12-2019, 11:20 PM
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Probably best to talk to a lawyer.

I dont know anyone that's refused to go after signing, so I can't help much. I mean, if they come to get the person from jail to take them, theres not really much anyone can do. They will physically remove you.

I do know that people who get kicked out of SAFP go to prison. And my husband turned down SAFP (didn't sign for it though) and received 5 years in prison instead. So I'm going to assume refusal = prison time
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Old 07-12-2019, 11:25 PM
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We heard about a unicorn case where an inmate while in custody "refused" SAFP and left with only probation.


Ultimately we want to avoid the max..
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Old 07-13-2019, 03:13 AM
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Quote:
Originally Posted by Mr.Meaner View Post
We heard about a unicorn case where an inmate while in custody "refused" SAFP and left with only probation.


Ultimately we want to avoid the max..
Did some digging and I think I found the answer for those curious

"If you have never been charged or convicted of a previous State Jail felony drug case in Texas then you will usually end up on some sort of probation. ... The law requires probation if you have a first time State Jail felony drug trial (without any priors)."
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Old 07-13-2019, 05:51 AM
3_thehardway 3_thehardway is offline
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We werent able to/ we tired/ the SAFP was advised and the judge only allowed my husband to take that. We also asked if he could just do the time and they stated that he couldnt. He has/had 5 yrs of probation as well. They stated he needed rehab and sent him there. The program is only 9 months. then he will be starting the 5 year probation journey all over again...I'd ask the lawyer because they have the info that the judge put in place when he signed.
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Old 07-13-2019, 08:27 AM
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Quote:
Originally Posted by 3_thehardway View Post
We werent able to/ we tired/ the SAFP was advised and the judge only allowed my husband to take that. We also asked if he could just do the time and they stated that he couldnt. He has/had 5 yrs of probation as well. They stated he needed rehab and sent him there. The program is only 9 months. then he will be starting the 5 year probation journey all over again...I'd ask the lawyer because they have the info that the judge put in place when he signed.
My husband's situation was very similar. After accepting the deal he had second thoughts and talked to his lawyer about doing the straight state time. He was told that it was not an option any longer. He was transferred to Winnsboro two days later.
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Old 07-13-2019, 12:00 PM
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Quote:
Originally Posted by Mr.Meaner View Post
Did some digging and I think I found the answer for those curious



"If you have never been charged or convicted of a previous State Jail felony drug case in Texas then you will usually end up on some sort of probation. ... The law requires probation if you have a first time State Jail felony drug trial (without any priors)."
That's not an answer. You were given probation. It doesnt mean drug treatment cant also be part of it. And the sentencing has also already been done. This is not pre-trial lawyering.
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Old 07-13-2019, 12:32 PM
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Quote:
We are in custody and have signed for SAFP.
Seriously? And you are posting on the internet? I think refusing SAFP is much less of a worry as anyone in custody cannot access the internet legally.
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Old 07-13-2019, 10:07 PM
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I use "we" openly. I'm free and I ask for them and avoid gender pronouns for a small layer of ambiguity
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Old 07-14-2019, 12:46 AM
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Quote:
Originally Posted by WeepingWillow View Post
That's not an answer. You were given probation. It doesnt mean drug treatment cant also be part of it. And the sentencing has also already been done. This is not pre-trial lawyering.
I meant if you refuse SAFP and revoke your probation with a first time drug offense you get convicted with the sjf, get prison time, and are given probation for that unicorn case
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Old 07-14-2019, 07:07 AM
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I use "we" openly. I'm free and I ask for them and avoid gender pronouns for a small layer of ambiguity
I see.

Around here, "we" means both of you are in custody, both of you were charged therefore you are co-defendants. Not a good thing.

You can use "my LO" for my loved one and everyone will get it.

By the way, using "him" or "her" makes no difference to us at all.
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Old 07-14-2019, 08:05 PM
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I've been to SAFPT...Ive been to TDCJ....State Jail....ISF....I've been everywhere, man!!!!Across the mountains bare, man!!!!When it comes to TDCJ, man. I've been everywhere
And so.....what happens when you refuse SAFPT? And yes you can refuse....but you know what happens? Well...did you ever hear the story about the chimp that made the mistake of slapping a gorilla in the face? Long story short...it didn't go so good for the chimp that day. And if you sign for SAFPT then decide to go bananas by refusing to go.....well....you're likely to end up in a worse situation than the one could have had.
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Old 07-15-2019, 03:17 PM
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My girlfriend got to SAFP and decided a 3 months in she couldn't do it and dropped out of the program. Transferred back to Dallas county. Then ended up getting 12 months and the 3 months SAFP didn't count because the program was completed. Ended up doing almost 17 months waiting for chain plus SAFP plus the 12 months. Like Firebrand said. You can refuse or drop out but it isn't going to go well.
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Old 07-22-2019, 02:40 PM
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I dont know what kind of drug charge it is, but if its higher than a state jail felony, then its very possible that if you refuse the safp program once you get there and get prison time- you'll have probably have to go through a similar program anyway as a condition of parole (FI5/6), especially if its a drug charge. State jail felonies dont have that issue, however. But I sure wouldnt want to spend 18-24 months at Bradshaw.

There isnt going to be any way to dodge that SAFP unless youd rather opt for real prison.
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