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Old 04-04-2020, 12:00 PM
jnety1234 jnety1234 is offline
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Default 3rd DUI tx

My husband is in county jail for the last 65 days and da will offer a deal he is guilty of probation violation which he has never broke probation before no violent charges ever and always went to his court dates his third DUI for minor probation violations and one they cannot prove which is a terroristic threat against a peace officer. Are attorney says if we have the hearing then the da will try the terroristic threats which will be a minimum of two years in state jail added to descendants he will get for the minor violations. What should he do the da offered him 2 years in October but he said no so just curious when he could get maximum 10 years prison if he is offered 4 years prison or 6 what website can I go to to find out what the minimum required years or days spent in prison for a 4 or 5 or 6 year sentence. How much time would be a minimum for a third DUI criminal. He has never had a wreck nor has he had a wreck and hurt anyone. His probation violations was driving with a suspended license driving without an intoxalock changing his address without notifying his PO but he actually has paperwork showing that he got permission from his PO to stay in another city to go to the doctor
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Old 04-04-2020, 01:04 PM
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sass4221 sass4221 is offline
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He should follow the recommendation of his attorney. And try not to post details of his case online for the whole wide world to see.
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Old 04-06-2020, 11:51 AM
enigmaingr enigmaingr is offline

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Your husband's attorney is in the best position to say what sort of time he is looking at, which will be some function of what your state's laws say, your husband's record, the prosecutor's offer, and the judge's tendencies.

I would simply offer to you that while all this seems minor, to many judges it's anything but. Your husband picked up new criminal charges will on probation. And it sounds like there were already other non-compliance issues.

Probation is an act of mercy; I know the requirements that go without don't always make it seem like it. I would not expect the prosecutor to bend over backwards to offer a good deal since there is a new charge to deal with and a probation violation (which they only need to show one violation by preponderance of the evidence - NOT beyond a reasonable doubt). Here's what the prosecutor may argue at sentencing: "Your honor, here's a man with a third offense drunk driving, picked up while already on probation. He doesn't care about your terms of probation or what this court says; he already told the court to F-off by violating probation. And refuses to accept responsibility for his actions, so he needs to go to jail / prison". These cases make for hard sentences because that's how many judges feel about probation violators: it's straight-up defiance no matter how you cut it.
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