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Can You Choose Jail Instead of Probation

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  • 05-26-2012, 11:51 PM
    ruthc
    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?
  • 05-27-2012, 08:40 AM
    aaron
    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.
  • 05-27-2012, 08:44 AM
    cbg
    Re: Can You Choose Jail Instead of Probation
    Penalties for law-breaking are SUPPOSED to be inconvenient for you. That's the whole point.
  • 05-27-2012, 10:50 AM
    davidmcbeth3
    Re: Can You Choose Jail Instead of Probation
    You willing to spend 6 months in jail?
  • 05-27-2012, 03:20 PM
    jk
    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?
  • 05-27-2012, 11:05 PM
    davidmcbeth3
    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)
  • 05-28-2012, 07:17 AM
    indybail
    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.
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