Asked 8/8/2016 – Fort Worth, TX

My boyfriend is in county right now has been there for 3 months, he was arrested for possession charge put on deferred probation, he never reported, was arrested again for another possession charge, he has no bond for his deferred probation charge, and a $2000 for his new charge, his lawyer says he will most likely get jail time, which we figured… My question is, since both were less than 1 gram – 1 gram charges it’s a state jail felony, how long could he get for this? I’m not asking for legal advice I’m just curious has anyone had other cases like this where they got 1 year or less? Will his county time go towards his state jail time? And will he be moved far away from me and his family if he does go to state jail? We don’t have the funds to go hours and hours away…

Answer

State jail felonies are punishable by a fine of up to $10,000, confinement is a state jail facility from 180 days to 2 years, or a maximum probationary period for up to 5 years. Any time your boyfriend spends in the county jail will be credited towards any jail sentence imposed. The exact sentence in his case will be determined by the specific facts, so it is impossible to know if he will receive a jail sentence of more or less that one year. The fact the he never reported to probation and was charged with a second case of a similar nature is not good. The Department of Corrections determines where an inmate is assigned, and location of the inmate’s family is NOT a factor in their decision. Good luck.