August 11, 2016

Asked 8/6/2016 – Little Elm, TX

My Daughter was in the score program. She was kicked out with a motion to adjudicate for to many infractions i.e not getting up on time, leaving her things unattended…. She was put into general population degree state jail felony hold reason CS and release date says 4/2018 she was caught with marijuana in her car has been on probation for two years dropped dirty and now is being sentenced to 18 months when she’s already been in score for 2. I don’t understand what any of this means plz help

Answer

If your daughter was placed on deferred adjudication probation, she was given the ability to have the criminal charges against her dismissed if she successfully completed all the terms of probation. She violated her probation, so the State filed a motion to adjudicate and have the court find her guilty. The punishment range for a state jail felony is confinement from 180 days up to 2 years; this is the sentencing range on her case if she is found guilty. Any of the time she has spent on probation does NOT count towards credit on any jail sentence, so if the judge adjudicates her, finds her guilty and gives her a one year sentence on September 1, 2016, she will be released roughly on September 1, 2017.

About the author 

Grant St. Jullian III

Bachelor of Science in Chemical Engineering – 1979 Univ. of Pennsylvania
Doctor of Jurisprudence 1982 University of Texas @ Austin
Licensed by the Supreme Court of Texas since 1982.

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