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Can I refuse probation? Prison

Discussion in 'Probation, Parole, Incarceration' started by ROIII, Oct 7, 2016.

  1. ROIII

    ROIII Law Topic Starter New Member

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    Jurisdiction:
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    I plan to plead guilty to a third degree felony theft charge. I have no prior criminal record but I know my life will pretty much be over once I'm convicted as I'll lose my job, apartment, etc. Can I refuse probation if offered to me and request I serve the time in prison? I don't care if they gave me the maximum (10 years in TX), as I've made personal amends to the victim, my family, and my God. I don't mind serving any sentence as I did wrong and am willing to lay in the bed I made. If on probation, it would be tough for me to find a place to stay, a job, etc. I don't want to be released early on probation, under the thumb of the justice system. I'd rather serve any time the judge sentences me to, get released unsupervised, and begin my life over. If the judge sentences me to say 10 years probation and restitution, can I ask to serve that time in prison instead?
     
  2. army judge

    army judge Super Moderator

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    If you want to plead guilty and do a dime bit, tell your lawyer.
    A plea deal can be arranged to allow you to plead guilty and get sentenced immediately to 10 years in the custody of the TDCJ.

    That presumes the maximum is 10 years, otherwise you'll have to commit more crimes to get the bit up to a dime.

    Frankly, that would be ridiculous, so behave yourself.

    Contact your lawyer, in person is best, let the lawyer know your wishes; and I'm sure any prosecutor would agree to your plea.

    The judge isn't likely to quibble about you wanting to do the full dime, either.

    Good luck mate.
    I hope things work out for you eventually.
     
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  3. ROIII

    ROIII Law Topic Starter New Member

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    Thank you. I'm assuming even if I did get 10 years, TX has mandatory early release, etc. I'll try to keep this thread informed as to the outcome.
     
  4. army judge

    army judge Super Moderator

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  5. ROIII

    ROIII Law Topic Starter New Member

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    Understood. And it's not like I want to spend 10 years in prison. I just simply want to serve my time and get out without having to worry about the threat of being sent back because I couldn't find a job and pay a parole officer or something to that. I'd like to get out unsupervised clean and ready to start my life over.
     
  6. army judge

    army judge Super Moderator

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    I understand, having heard the same thing from many people.
    It's called being on paper.

    Third degree felony theft isn't that serious, relative to other thefts.
    It's the lowest order theft related felony.

    The sentence could be two to ten years.
    A two year sentence, would send you to a state jail.
    A two year and a 1 day or more sentence would mean prison.

    Depending upon your record, you'll probably not get your wish.
    If you don't, you'll have to continually screw up to get revoked.
    What you're proposing I call the "briar patch ploy".
    It's quite clever.

    Theft is a felony of the third degree in Texas if the value of the property or services stolen is $20,000 or more but less than $100,000, or if the property is of a specific type, such as certain livestock valued at less than $100,000. (§ 31.03(e)(5).) The punishment for a felony of the third degree in Texas is incarceration ranging from two to ten years of imprisonment in the Texas Department of Criminal Justice, and a fine of no more than $10.000. (§ 12.34.)
     
  7. ROIII

    ROIII Law Topic Starter New Member

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    I have no criminal record and a lawyer told me I would qualify for deferred adjudication as it was depositing checks into my account that were not mine. But I've been reading about how DAjudication is a scam in Texas as it stays on your record anyways unless you wait an additional 5 years and ask that it get sealed. I'd rather serve 2-5 years in jail than 10 years on probation and then another 5 before I could get it sealed. I really screwed up.
     
  8. army judge

    army judge Super Moderator

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    I appreciate and respect your feelings.
    I can't and won't tell you what to do.
    Deferred adjudication will eventually allow you to rebuild your life.
    A prison stay destroys your life along with any hope of ever rebuilding your life.

    DA won't erase any stain, but it offers you the ability to seek a chance at a normal life.
    You won't have to wait the alleged five years to receive the benefit of a DA plea.

    DA works, and is regularly used in TX to erase a traffic citation from one's driving record.

    I've used it a time or two, myself.
    That's not to compare it with your dilemma.

    If I were facing your dragon, I'd choose the DA, over prison.
    Prisons in TX are miserable.
    I've had several occasions to visit several TX prisons as a lawyer, later as a judge.
    First off only private prisons are air conditioned.
    The dorms and cells are overcrowded.
    The living conditions remind me of hog barns.
    The stuff assign for food isn't as edible as the slop hogs are fed.
    The commissary is what my drill sergeant called "pogie bait".
    Commissary junk food is what many inmates consume, preferring it to the slop masquerading as chow.
    The odor in TX prisons is reminiscent of the same stench found in those hog barns.
    Your fellow inmates aren't necessarily the best TX has to offer, either.
    Many suffer from mental illness, drug withdrawal, gender identity confusion, language barriers, lack a moral compass, have no work ethic, and are foreign to anything the average person believes.
    If you've lived a lower class (or better) lifestyle, you'll find what's in a TX prison foreign to you.

    You might wish to reconsider your decision, mate.
    A DA is a lifeline.
    A prison stay is the opposite.
     
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  9. ROIII

    ROIII Law Topic Starter New Member

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    You've been a big help. I'm glad I joined this forum and got the input I needed to hear. Thank you much.
     
  10. army judge

    army judge Super Moderator

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    You're welcome, don't allow one misstep to define you.

    Consider this: A person tells one truth, no calls her a truther. That same person tells one lie, everyone calls her a liar. Baffling isn't it? Define yourself. Beat your own drum, step to your own beat, better yourself, improve yourself, use every day from this moment forward to become a better person.

    This country may have many problems, but its still a nation of second chances and redemption. It won't be easy. But, it's not impossible. Let me know if there's anything more I can do. I'm here to try and help.
     
  11. Highwayman

    Highwayman Well-Known Member

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    You got good information in that other forum down the road. Why you're ignoring that I don't know.
     
  12. ROIII

    ROIII Law Topic Starter New Member

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    Thanks for the heads up. I hadn't received a notification of a reply. Good stuff
     

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