What are the chances of a first time felony offender going to jail?
It is going to depend on a number of things: the type of crime, the way in which the crime was committed, the circumstances of the crime, and the offender's past criminal history. Let's say you broke into someone's home and stole over $250 worth of their belongings (that makes it a felony). If you did it because a bully said he would hurt your mother if you didn't get him the stuff is a more compelling reason than if you did it to get money to buy more video games for yourself and some good weed. If this was your 3rd time getting caught doing this type of thing, that ups your chances at serving time. If you broke into someone's home and found there were some kids in it with a babysitter and you terrorized everyone, that's not going to go well in court. So you see your intentions and your actions, along with your past criminal history, will be the deciding factor on whether the judge sees jail in your future. You get points on a sentencing sheet for all these different things. Rack up so many points and it's off to the slammer for you. A sentence of under a year is served in the county jail. A sentence of over a year is served in a state prison. Generally. Every state has their own rules, but that's the way it usually goes. Some crimes have a jail sentence no matter what. Gun laws in Massachusetts for example have an automatic, no getting out of it, jail sentence if the crime was committed with a gun. First time offenders that committed a non violent crime and have no past criminal history will most likely get a suspended sentence, probation and fines. Suspended means you don't have to serve the jail time as long as you do your probation and pay the fines. If you screw up, you will be put in jail to serve the original sentence.
Will I get time in jail for a first offense misdemeanor?
You might. The likelihood is these charges were filed by detectives following an investigation. I would imagine that they believe there was some threatening or harassing behavior involved. If there is a domestic dispute, previous domestic violence issues or restraining orders issued in relation to the Complaining witness, that presents additional problems. If that's the case, the state is going to want some assurance, at minimum, that the complaining witness will be not be further threatened. If there is some doubt about this, they may definitely ask for jail time.You really need to speak with an attorney prior to any conversations with the Police or Prosecutors. You have to hire an attorney. If you have no money, contact the Legal Aid Society or Public Defender in city in which you were charged.
Punishment for strangulation in Domestic Violence in state of Texas?
A person is charged with false account of strangulation and only has a state appointed attorney. The complainant denies the strangulation soon after and the defendant has no other felony convictions. What plea bargain is the defendant likely to get? And if he goes to trial, what is the chance that he will be sentenced fairly?
First Offense Marijuana Possession in Texas- Completely Clean Since?
Here is a list of Texas drug laws and their penalties- http://norml.org/laws/item/texas-penalties-2?category_id=888 I don't know if they have it in Texas, but in PA we have a program called ARD (Accelerated Rehabilitation Disposition) - It's basically a "get out of jail" card only available once to first time offenders of non-violent misdemeanors. You may want to look into that if available. For your Class B you're looking at a max of 180 days in jail and a $2000 fine. That's the MAX you can get. If it's your first offense EVER, you'll probably get off a lot lighter. If you don't already have an attorney you should look into a public defender. A lot of people frown on them, but in my experience they get the best deals. They are at the courthouse daily, know all the judges, know all the ADA's, etc. Unless it was a driving offense, DUI, I don't think they can take your license for a possession charge. I'm not 100% on that one but it wouldn't make sense if they did. Good luck. Just be extremely professional, dress like a human being (no baggy pants, t-shirt, etc). The classier you appear the better your chances.
If someone is assaulted and the victim does not press charges, can the assaulter still get into legal trouble?
Others have written good answers and some of those others are lawyers or police officers ... Me? I'm neither, but I think I have a little to add that may help clarify things (but not really add a lot new).In a criminal case, the case reads e.g. New York vs. Joe Smith. In a civil case, it would be Jane Doe vs. Joe Smith. In a criminal case, the prosecution is done by some combination of police officers, other investigators, and the city, state or federal authorities. The police are paid by the "people". If it goes to trial, the attorneys for the prosecution are also paid by the people. Several people raised the fact that, in a murder case, the victim can't press charges. True. But hardly unique! This also happens in many drug cases, prostitution cases and child/spousal abuse cases. However, it wasn't always so and it isn't so everywhere. All the above is centered on the USA (although I believe many other countries are similar). Some states have, however, not even tried to prosecute criminals and others make only minor efforts to do so. This failure may be due to the actual law or it may be due to lack of resources or it may be due to corruption. When this is the case, people take the law into their own hands. Such places are always very violent. E.g. the "wild west". I'd be interested to hear about how criminal cases work in other countries.
In Texas, what is the chance of pleading down a Class 3 Felony to a Misdemeanor?
It depends in large part on what county she's in. Both Dallas and Tarrant county offer pretrial diversion programs for drug offenders that she may qualify for, and I believe Travis county does as well, which might be the best option available. Basically, as long as an offender successfully completes a pretrial diversion program, the charges are dismissed as if it never happened. A second chance, in other words. As for an agreed plea to a lesser charge.....Hate to say it, but it depends on her attorney's connections and abilities to talk talk a prosecutor in to it. Which is sometimes easier said than done. If the prosecutor thinks he has a bone in the form of a solid case, it may be difficult since a prescription fraud conviction looks better on evaluations than the run of the mill possession charges. Bottom line, I'd look at pretrial diversion programs as a first choice and try the plea bargaining approach only if a diversion program isn't available.
What Could Be The Sentencing Possibilities For A First Time Offender In Texas Possession Drug Free Zone?
What are the guidelines or average sentence for a first time offender, Texas, in a Drug Free Zone, Possession of Methamphetamine over 1 gram but less than 200? Thank You for your informed input.Any web links I could go to to research this? Thanks!
First offense robbery charge?
My boyfriend was arrested for a felony robbery charge. I know for certain it wasn't him. And we have alibies to prove this. Is it possible for them to drop the charges before he goes to court? And if not, can he get probation since its a first offense or what is the minimum-maximum punishment? I'm quite confused about all of this. I have to meet with the detective tomorrow for more information. But this is all I know now.
In Texas, can an ex-felon go to nursing school and after become gainfully employed as a nurse?
Here is the law in Texas on the Matter: § 301.4535. REQUIRED SUSPENSION, REVOCATION, OR REFUSAL OF LICENSE FOR CERTAIN OFFENSES. (a) The board shall suspend a nurse's license or refuse to issue a license to an applicant on proof that the nurse or applicant has been initially convicted of: (1) murder under Section 19.02, Penal Code, capital murder under Section 19.03, Penal Code, or manslaughter under Section 19.04, Penal Code; (2) kidnapping or unlawful restraint under Chapter 20, Penal Code, and the offense was punished as a felony or state jail felony; (3) sexual assault under Section 22.011, Penal Code; (4) aggravated sexual assault under Section 22.021, Penal Code; (5) indecency with a child under Section 21.11, Penal Code; (6) aggravated assault under Section 22.02, Penal Code; (7) intentionally, knowingly, or recklessly injuring a child, elderly individual, or disabled individual under Section 22.04, Penal Code; (8) intentionally, knowingly, or recklessly abandoning or endangering a child under Section 22.041, Penal Code; (9) aiding suicide under Section 22.08, Penal Code, and the offense was punished as a state jail felony; (10) an offense under Section 25.07, Penal Code, punished as a felony; (11) an offense under Section 25.071, Penal Code, punished as a felony; (12) an agreement to abduct a child from custody under Section 25.031, Penal Code; (13) the sale or purchase of a child under Section 25.08, Penal Code; (14) robbery under Section 29.02, Penal Code; (15) aggravated robbery under Section 29.03, Penal Code; (16) an offense for which a defendant is required to register as a sex offender under Chapter 62, Code of Criminal Procedure; or (17) an offense under the law of another state, federal law, or the Uniform Code of Military Justice that contains elements that are substantially similar to the elements of an offense listed in this subsection.
First Offense Felony... 'aggravated robbery'?
Not a chance for probation on an aggravated offense, with or without a criminal history. He's looking at a minimum of 10... max of 50. Probably closer to the 10. Not a bright way to make a living.