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Posts tagged "probation"

Probation isn't always an easy sentence

Probation might seem like the best resolution to your criminal case. You might soon realize this isn't really the case once you learn about the terms of probation. You can face a very limited life. If you don't abide by the restrictions and rules, you can face a probation violation.

DWI Defense in Collin County

DWI is a very expensive allegation.  If you are convicted, then you face being assessed thousands of dollars in fines, court costs, administrative surcharges, increases in your car insurance (as well as being required to maintain SR-22 insurance during the time that you have an occupational drivers license), education courses, Victim Impact Panel classes, restitution, as well as time spent performing community service and other conditions required if you are granted community supervision (probation) by the judge rather than a jail sentence.

Probation and Polygraph Examinations in Sex Cases

In Ex Parte Dangelo, a case out of the Fort Worth Court of Appeals, the defendant had a Fifth Amendment right not to answer proposed polygraph examination questions about whether, since being on probation, he had sexual contact with minors.  The question asked about independent crimes rather than mere community supervision violations.  The following are the polygraph questions asked of the defendant:

DWI Probation

If you are convicted at trial, or if you reach a plea bargain agreement with the State of Texas for community supervision (probation) in a DWI case, then prepare for quite a bit of additional expense in the upcoming future.

Standard provisions of DWI probation are:  DWI Education Course, Victims Impact Panel Class, Substance Abuse Evaluation (and any conditions that are determined necessary), many hours of community service, no alcohol consumed during the period of probation, and several other conditions under the Code of Criminal Procedure.

If you have a blood alcohol concentration (BAC) over a .15, then the court will require you to have a deep lung device installed on any vehicle you operate for at least 1/2 of the period of probation.

In short, you do not want to be convicted.

Aggravated Assault with a Deadly Weapon

Typically, this charge in Texas is indicted as a 2nd Degree Felony.  However, it can be enhanced to a 1st Degree Felony under certain circumstances.  Reasons for enhancement include, but are not limited to:  bias, prejudice, prior convictions, prior juvenile commitment to Texas Youth Commission, a complainant who is considered a "Family Member" under the Family Code, and offenses in a "drug free" or a "gun free" zone.

An offense where the state alleges the use or exhibition of a deadly weapon during the commission of the crime is an extremely dangerous charge because it is referred to as a "3G" offense.  The Penal Code statutorily prohibits the judge from sentencing an offender convicted of a "3G" offense to probation after a conviction at trial.

In other words, if you are convicted at trial and you have not timely filed the appropriate paperwork, then you are going to prison for a minimum of 2-20 years.  

Texas Code of Criminal Procedure Sec. 3G states that if there is an affirmative finding under subsection (a)(2) in the trial of a felony of the second degree or higher that the deadly weapon used or exhibited as a firearm and the defendant is granted community supervision by the jury, the court may order the defendant confined in the institutional division of the Texas Department of Criminal Justice for not less that 60 and not more than 120 days.  

Aggravated Assault cases are serious.  If you are charged with an allegation like this, you need an experienced criminal lawyer at Pelley Law Office, L.L.P. to help you.

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