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My boyfriend was on deferred for a felony POM charge, recently got 1st DWI now in jail MTR What will they do to him?
Anonymous3 views2 answers
My BF was on a deferred adj. for 5 yrs had barely started 3-4 months ago now he got his 1st dwi and they took him in on a MTR when he went to report. Any help or info on what they can or might do to him?? He says they could send him to a restitution for some months or give him time but how much time? This is in Beeville, Bee county TX
The reason for the DWI is he was tired & lost control of our car so we veered off the road and ended up in median, then state trooper came to check us and did a field sobriety (breathalyzer)test on him and failed, but we had only 2-3 beers like 1 hr before that and they took him in and the trooper wrote that he refused test and had open container which is false!!
Any new arrest can affect deferred adjudication. When your boyfriend accepted the deferred adjudication, he agreed to many conditions of his 5 year supervision. Among one of those conditions, is to not commit any new offense. If he does violate any of his conditions of supervision, including but not limited to committing a new offense, then he can be adjudicated guilty and be given the maximum years of punishment for the case he was put on deferred. That said, just because that is a possibility, does not mean that is a likelihood. Depending on the judge, the county, etc, they may decide to continue him on deferred adjudication and add conditions, and counseling, and even some days in jail as punishment. They decide to revoke him, adjudicate him and sentence him to certain amount of time. There really is no way to tell what exactly they will do to your boyfriend as the only person who really has the full discretion in this situation is the judge who placed him on the deferred adjudication.
I suggest your boyfriend fight the dwi case with a good criminal defense attorney and also have your boyfriend be represented on the motion to revoke his probation. If the only reason for his revocation is the new DWI, and he is able to win that, then there should not be any revocation.
I agree with Ms. Rueda but would like to add that your boyfriend needs an attorney that is familiar with both DWI defense and the felony probation department in Bee County. DWI defense is a unique area of criminal defense and not all attorneys focus on this type of crime. It is especially important that your boyfriend have a quality DWI trial attorney because winning the trial might be the only way to keep him out of prison. He also needs someone familiar with the procedures in the local probation department. Every county runs their probation department a little bit different. Knowing the local system might give your boyfriend's attorney an edge.
