Any one in Texas knows how screwed up the Justice system is here in Texas. Let me tell you what happened with my boyfriend and I so you'll know how to help me.
One night in Amarillo Texas, my boyfriend and I got into an arguement over his drinking. He came home drunk on our 5 year olds birthday and I got mad. Well anyway the neighbors called the Police and told them that he was being abuseive to me. That wasn't true we where just yelling at each other. Anyway I told him that he needed to leave. The Police showed up as my boyfriend was putting his 12 gauge pump in his truck, so he could leave. Anyway they arrested him for assault with a deadly weapon and being intoxicated in public. I even filled out an affidavit saying that he did not assault me in any way , but that didn't matter. Well, Anyway they sensented him to 9 months in a TDCJ Saf-P Unit and than 2 months in a half way house after that. They also gave him 10 years deferred probation, and one of those conditions of his probabtion is that he has to stay away from me for the 10 years.
We have 4 children together and we wanted to get married soon legal like. But how can we get this probation thing over turned. We Love each other with all our hearts and all we want is to be together. I mean hell all couples have their arguements, but I don't think that is any reason for the system to take him away from me and his children. He has Never hurt me or the kids in any way. He has been a great friend, lover, Husband (in my mind), and Father. Please help me figure out how we can be together. Right now he is in a county jail waiting for chain. He has been there for 3 months now and they say that this time don't count. They say his time don't start until he gets to his Unit. Which I have no idea where they are sending him. They won't even let me take the kids to see him. The Kids and I miss him and Love him dearly.

Thanks for your time.
(**email adresss removed as per PTO policy**)

Damn, another story ****ed up in this state....say, I don't know how I can help, but I'm sure you can find support here! ;) that's too bad really...

Hi and welcome to PTO!!!

I think county time does count, I dont understand that at all. :(

With the charges, if someone has reported that a violent argument had taken place and testified, and even though you dont want to press charges, IF the police feel that your life is at risk, unfortunetly they can press charges on your behalf, stating that you were in fear of him to file charges, etc. It is messed up, I agree!!!!!! If he had a gun when they turned up, even though you said that it wasnt intended to be used against you, the police can testify that they were called into a violent argument and the defendant had possession of a gun. It seems totally unfair, especially how you explained it, that he had no intent of using it.
I dont understand how they had enough evidence to charge him with assault with a deadly weapon. Were you hurt? The facts really dont add up. (I understand how the court system works though, and they can make it add up). I would appeal his sentence, if he didnt make a deal with the district attorney, get another attorney to relook into the case. As you said, you feel you have a future with him, have children together, and I cant see how the courts can keep you away from someone you have strong ties to for 10 year.

((hugs)) Please let us know how it all goes.

No I wasn't hurt at all. He didn't even touch me at all. The police said that since he had the gun while we where in an arguement that it is still concidered Assault. I think it is a lot of bull, but the District Attorney's office told him that if he didn't argee to the 10 years probation and take the 9 months saf-P that they would take him to court and give him 10 years in Prison. So he agreed to the Plea. He didn't know anything about haveing to stay away from his family for 10 years though.

Kelly

Saf-P is a program that involves substance abuse treatment. His "time" does not begin until he enters the program. My spouse just completed a program at the Halbert Unit and was transferred today 6/6/2005 to a halfway house where she will stay for about 2-6 months, depending on her success in that post release program. Once out of the half-way house, the probation time begins, communitity service, restitution, etc., all the findings in his probation package he signed at the time of sentencing. I am still learning as to the where alls in this program, but this is what I have learned so far. As for the situation with you and the family, the sentencing Judge, can alter, or even dismiss any and all portioins of the probation, but this will take time, and most probably the invervention of an attorney, after his release on probation.

Hi Sweet Angel,

I am new to the system too. Sorry to hear about your problem. Hope you find out what you need to know.

As for me I am looking to see if anyone knows of where on the web I can get information on visitation for contact with my husband. What we can and can't do and what I can and can't were and so on........

Thanks for your help!

Any one in Texas knows how screwed up the Justice system is here in Texas. Let me tell you what happened with my boyfriend and I so you'll know how to help me.
One night in Amarillo Texas, my boyfriend and I got into an arguement over his drinking. He came home drunk on our 5 year olds birthday and I got mad. Well anyway the neighbors called the Police and told them that he was being abuseive to me. That wasn't true we where just yelling at each other. Anyway I told him that he needed to leave. The Police showed up as my boyfriend was putting his 12 gauge pump in his truck, so he could leave. Anyway they arrested him for assault with a deadly weapon and being intoxicated in public. I even filled out an affidavit saying that he did not assault me in any way , but that didn't matter. Well, Anyway they sensented him to 9 months in a TDCJ Saf-P Unit and than 2 months in a half way house after that. They also gave him 10 years deferred probation, and one of those conditions of his probabtion is that he has to stay away from me for the 10 years.
We have 4 children together and we wanted to get married soon legal like. But how can we get this probation thing over turned. We Love each other with all our hearts and all we want is to be together. I mean hell all couples have their arguements, but I don't think that is any reason for the system to take him away from me and his children. He has Never hurt me or the kids in any way. He has been a great friend, lover, Husband (in my mind), and Father. Please help me figure out how we can be together. Right now he is in a county jail waiting for chain. He has been there for 3 months now and they say that this time don't count. They say his time don't start until he gets to his Unit. Which I have no idea where they are sending him. They won't even let me take the kids to see him. The Kids and I miss him and Love him dearly.

Thanks for your time.
(**email adresss removed as per PTO policy**)

Hi Sweet Angel,

I am new to the system too. Sorry to hear about your problem. Hope you find out what you need to know.

As for me I am looking to see if anyone knows of where on the web I can get information on visitation for contact with my husband. What we can and can't do and what I can and can't were and so on........

Thanks for your help!

Hello,

Im real sorry to hear about your situation. You know they may be able to keep yall from seeing each other these 9 months, but as far as the 10 years goes...that is a condition of his probation, but really there is no way that they would find out. Now don't get me wrong, that is a chance that he has to take. If he does get caught living with you, then that could violate him, and send him to prison, but again if it were me, I would have to just be really careful because there is no way that I would keep my children away from their daddy for 10 years...especially if he never hurt us. I don't want to say too much, but there are ways around it. PM me if you have any questions.