My husband had his probation revoked and was on adjudicated probation for aggraveted assault with a deadly weapon causing injury/death. He was almost done with his probation, would have been over this year and got pulled over and had a warrant for pissing dirty last year. They want to send him to prison for 5 years. He has a court appointed attorney and she said she can get him 2 years. How do we get it reduced more than this?
What Mr. Kansan says is true--his attorney is presumably familiar with the policies of the judge his case is in, and would know what's realistic and what's not. I can tell you that if this is going to come down to prison time, it's actually impossible to get a reduction past two years. The punishment range for that offense is 2-20 years, so legally, he cannot be revoked and get a sentence less than two years.
It's possible that there mught be a way to successfully contest the validity of the drug test, or that there might be other options available (like modifying his probation with a condition that he get drug treatment), but as Mr. Kaman stated, none of us have any way at all of knowing whether any of that has been explored or is something that judge would even consider in this case, nor can we tell you whether his attorney has done a good job or not. Good luck.
I agree with the above answers. The only defense would involve challenging the urine drop.Sincerely,
Attorney Mitchell S. Sexner
Mitchell S. Sexner & Associates LLC /o
Defending your rights since 1990
1 (800) 996 -4824
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Criminal and Traffic Attorneys
Having practiced as a criminal defense attorney in Kerrville for four years, I can tell you there are many good court appointed criminal lawyers there, so seeking a second opinion would only be advisable if you think your current attorney lacking in some way. The best way to get a further reduction would be to not commit any other offenses, have steady employment, be current on your fines or even better paid in full, and proof of church attendance (assuming your judge is judge williams). The DA and his assistants are reasonable people and they will give your husband credit if he does all these things. Good luck!
Court appointed attorneys seem to always get a bad rap but in order to be eligible to receive appointed cases the attorney must meet certain qualifications and be approved by the judge. Your court appointed attorney is likely a competent attorney, who practices in front of that particular judge frequently and her advice should be measured very seriously. If, for some reason, you do not feel that your particular attorney is competent or working with your loved one's best interest at hear, then schedule a consultation with a private attorney and see if you can find someody that you feel comfortable with. Often, in criminal cases we are forced to confront difficult realities and the last thing you want to do is look back on the situation and feel like things would have been different if you had a different attorney. If you feel this isnt the attorney for you, then please, find one that you will trust and be willing to take advice from.
