Aggravated Assault with a Deadly Weapon, Probation Violation, Warrant and Extradition from Hawaii to Texas?

Criminal Defense 2 views 1 answers
My fiance was convicted of Agg. Assault with a deadly weapon in Texas about 7 years ago, he moved here to Hawaii violating his probation. He was arrested about a week ago for a DUI, but was not convicted or trialed for it yet. When they took him into custody and ran his prints they found a Warrant for his arrest in Texas. He is in custody here in Oahu awaiting extradition to Texas. What are the chances that he will do jail/prison time for the 8 yrs he had probated? What would be the best way to get the Judge to reinstate his probation? Are Government appointed Attorney's as good as Defense Lawyers?

Attorney Answer

1
Cynthia Henley ·
I believe I previously answered this question and in the question, you said that he quit reporting. Aggravated assault with a deadly weapon is a 2nd degree felony. It carries a potential sentence of 2 to 20 years in prison. Because the case is "aggravated, your fiance received deferred adjudication probation - a special kind of probation that if completed, allows him to say that he has never before been convicted. However, if he is adjudicated guilty (revoked), he could be sentenced up to 20 years in prison. (Note - persons with aggravated offenses must serve 1/2 of the final sentence before being eligible for parole - this does not mean automatically getting it at 1/2.) Both not reporting and picking up a new case are very bad. It is probably a condition of his probation that he not drink at all, and if so, it does not matter if he gets convicted of the DUI. (In addition, the burden of proof at a probation revocation hearing is only preponderance of the evidence, a significantly lesser burden than that which is required to convict him of a crime.) To help your fiance, gather proof of anything that he has done good since he has been on probation. If he was doing volunteer work, get proof. Get a letter of recommendation from his boss. Etc. Appointed lawyers, just like hired lawyers, can run the gamut of being very good all the way to being very bad. With an appointed lawyer, it is luck of the draw. With a hired lawyer, you (or he) chose who will be taking care of your fiance's very serious situation.
0 upvotes

People Also Asked