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Texas General Prison Talk Topics & Discussions relating to Prison & the Criminal Justice System in Texas that do not fit into any other Texas subforum.

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  #1  
Old 03-12-2007, 03:26 PM
warricks mom warricks mom is offline
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Default Different sentences for two people committing the same crime

My son and one of his friends was convicted for aggravated robbery. My son was sentence for five years. He did have a prior misdeameanor. When we paid his bond his was on house arrest for seven months. He did not violate at any time. His friend was released, he was not on house arrest, he also had a prior misdeameanor. While out on bond he was arrested again for selling drugs. He was again released on bond. He recently (3/8/07) went to court for the aggravated robbery and was given deferred adjucation (sp). Is that common for two people convicted of the same crime to have to totally different sentences.
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Old 03-12-2007, 03:38 PM
kristah350 kristah350 is offline
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UUUMMM I would have to say YES. It all depends on the county, the judge, if it was a jury trial, then on the 6 or 12 jurors, the prosecutor, the defendents attorney, oh and yeah, There is nothing consistent when it comes to good ole Texas "IN"Justice.
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Old 03-12-2007, 03:39 PM
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It is more common that a person would think. And in Texas, who knows the rhyme or reason behind it.
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Old 03-12-2007, 03:42 PM
warricks mom warricks mom is offline
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Thanks for your reply
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  #5  
Old 03-12-2007, 03:52 PM
ExTexmate ExTexmate is offline
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Yep. Absolutely no sense to sentencing. Unless you pay a LOT of money to the right lawyer. I went to State JAil behind a 1/2 GRAM of Cocaine possession charge in 2002. I was violated with only 6 months left on my 3 year probation. ONE felony, total. I was sentenced to 10 months. A cellie of mine was in for his 8th felony, and had just been released from State 9 months prior and got 7 months!!! Go figure.

My one piece of advice for all of you: GET EVERY DAY OF BACKTIME THEY HAVE COMING!!!! So many people think it can;t be done. It can, it's just a mess. they tried to get me on 60 back days. I finally got every single one of them given to me!
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Old 03-12-2007, 03:59 PM
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The fact that 2 people who commit the same crime can get two so completely different sentences is just another example of how the Texas Criminal Justice System is BROKEN! This is not justice -- it is more like a crap shoot. Just my 2 cents as usual! Katy
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Old 03-12-2007, 04:00 PM
sligoker sligoker is offline
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Its possible but in your case, without more information, its impossible to answer. All conjecture. As you know, there are several variables that go into sentencing----Comparing a case in the same courtroom, same crime, with the same judge and with a similar past record, things should be about the same. Was this a trial or a plea deal? Did one snitch on the other? etc---These are all questions that have to be answered.

Last edited by sligoker; 03-12-2007 at 04:02 PM..
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Old 03-12-2007, 04:33 PM
warricks mom warricks mom is offline
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They were sentence by the same judge in the same court. They had different court dates so I am not sure of what actually happened as far as snitching. My son prior case was assault, which was actually a fight at his high school. They did not have an actual trial, it was pre sentencing. I just floored that he could deferred while my son got 5 years, and he got into trouble after the original case. They were charged on April 19, 2006. In December 2006, the other person was charged with possession and he still got deferred. I am so angry and hurt right now, I don't know what to do. Do anyone know if my son can get any time served for his house arrest.
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Old 03-12-2007, 04:35 PM
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Sure is my husband is doing 20 years for Agg Robbery and he has no priors.
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Old 03-12-2007, 04:38 PM
meganlea meganlea is offline
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Assault - violent crime
possession - non-violent

That's why your son got a harsher sentence. This was his SECOND violent crime. He doesn't sound old either so this would really scare the judge as well...
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Old 03-12-2007, 04:43 PM
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Yes Meagan is correct.
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Old 03-12-2007, 04:52 PM
warricks mom warricks mom is offline
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Thanks, I didn't think the assault case was a violent crime since it was aggravated assault. The other guy also had a prior before the aggravated but I am not sure what the charges were but the possession was after the aggravated but I guess that's the law but I will write a letter to the judge because I was told and probably incorrectly that if two people were together when the crime was committed they would both receive around the same sentence.
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Old 03-12-2007, 07:14 PM
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Definately bring it up if you can----
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Old 03-12-2007, 07:59 PM
ExTexmate ExTexmate is offline
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Quote:
Originally Posted by warricks mom
Thanks, I didn't think the assault case was a violent crime since it was aggravated assault. The other guy also had a prior before the aggravated but I am not sure what the charges were but the possession was after the aggravated but I guess that's the law but I will write a letter to the judge because I was told and probably incorrectly that if two people were together when the crime was committed they would both receive around the same sentence.
That is not true. It is dependent on each persons record. If one of the guys is a repeat, violent offender, and the other guy has never committed a crime before or one that violent, his sentence would most likely be lesser than a previously charged/convicted person.
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Old 03-12-2007, 08:20 PM
meganlea meganlea is offline
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Anytime someone inflicts pain on someone else it's considered violent...
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