Asked 1/28/2016 – Abilene, TX

I have a friend who’s Terms of Plea Bargain for felony conviction for 3 DWI’s: $1500 fine, court costs, 5 years probated 5 years, lab fee of $140.00, and serve 10 days in Taylor county (Texas) jail with credit. Well… he screwed up and was arrested for domestic violence (not guilty… but a violation of probation) a motion to revoke his probation. He has completed 2.5 years of his probation. I understand that the 2.5 years served does not count towards the 5 years he was sentenced to for probation. However, he is being told that he now has to serve 10 years in prison. I thought his probation was only for 5 years.

Answer

If he pled to a 5 year sentence, then 5 years is the cap ON THE DWI CASE. Was the assault case filed as a felony? It may be the plea recommendation on the new case is 10 years, and the probation violation will run concurrently. OR, the cases could be run consecutively, not concurrently, which means he would serve time on 1 charge. then serve the time on the 2nd charge (this is unusual, however). What did your friend’s attorney say when you asked this question?