Results 1 to 7 of 7
  1. #1
    Join Date
    May 2012
    Posts
    1

    Default Can You Choose Jail Instead of Probation

    My question involves criminal law for the state of: Texas

    First time DWI with breath test of 0.089 and blood test unknown. No accident.

    My question is can I serve a few days in jail instead of doing two years' probation? Probation costs are much higher than my income. Have 40 hours in jail between time of arrest and bonding. Am willing to go back for a few days additional.

    How would I plead or ask a court-appointed lawyer to plead? Do I need to hire an attorney for this? Is it worth it to seek change in charges to reckless deriving?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,656

    Default Re: Can You Choose Jail Instead of Probation

    If you want, you can ask the judge to put you in jail, but the judge may choose to put you in jail followed by probation when your jail term is over.

    If you want to petition for a court-appointed lawyer, ask the criminal clerk for a petition form. You can discuss the details of your case with your lawyer, appointed or retained, when forming a strategy.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,795

    Default Re: Can You Choose Jail Instead of Probation

    Penalties for law-breaking are SUPPOSED to be inconvenient for you. That's the whole point.

  4. #4
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,276

    Default Re: Can You Choose Jail Instead of Probation

    You willing to spend 6 months in jail?

  5. #5
    Join Date
    Jan 2006
    Posts
    28,082

    Default Re: Can You Choose Jail Instead of Probation

    well, since the penalty for a first DWI is no less than 72 hours and no more than 6 months incarceration, do you want to risk the judge doesn't go for the 6 months?

    On top of that, there is a possibility of a fine up to $2000 (and that can be in addition to the incarceration).

    still willing to risk incarceration over probation?

  6. #6
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,276

    Default Re: Can You Choose Jail Instead of Probation

    Quote Quoting jk
    View Post
    well, since the penalty for a first DWI is no less than 72 hours and no more than 6 months incarceration, do you want to risk the judge doesn't go for the 6 months?
    They're trying to put a guy in prison for life for stealing a 50 cent donut (I think rightfully so myself after hearing all sides of the story--so far)

  7. #7
    Join Date
    Jan 2011
    Location
    Indianapolis, Indiana
    Posts
    346

    Default Re: Can You Choose Jail Instead of Probation

    Generally speaking, when it comes to making choices in a courtroom is a prerogative reserved for the judge. Your request might be granted but the choice will be the judge's.

    1. Sponsored Links
       

Similar Threads

  1. Plea Bargains: Jail or Probation
    By John Lomax in forum Criminal Procedure
    Replies: 2
    Last Post: 10-15-2010, 05:34 AM
  2. Probation and Parole: Probation Violation Maybe Going to Jail
    By RudyCooper in forum Probation, Parole and Incarceration
    Replies: 1
    Last Post: 08-25-2008, 01:35 AM
  3. Probation and Parole: Can My Probation Officer Choose My School
    By fadeindustry in forum Probation, Parole and Incarceration
    Replies: 1
    Last Post: 08-07-2007, 10:41 PM
  4. Probation and Parole: Probation Violations And Jail
    By ASanders0302 in forum Probation, Parole and Incarceration
    Replies: 2
    Last Post: 04-18-2007, 01:23 PM
  5. Probation and Parole: Will You Go to Jail for a Probation Violation
    By ramire76 in forum Probation, Parole and Incarceration
    Replies: 1
    Last Post: 08-27-2005, 10:14 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Criminal Defense Attorney
Protect your freedom. Consult a criminal defense lawyer for free.




Untitled Document