Asked 2/22/2016 – Refugio, TX

My husband is on a 5 year adjudication probation for posession of controlled substance 2nd degree felony. He has mtr twice first for dwi got sent to isf then 2nd time for violating got 90 days in jail. Now he got this motion to adjudicate guilt. He recently go another dwi nd an assault charge. He hasnt even had court for his 2nd dwi but did isf for his probation. Bottom line is im worried hes going away for a long time. What more likely will the sentence be that he gets hit with??

Answer

Your husband was placed on deferred adjudication probation. If he successfully completes the probation term, the case will be dismissed and he will not have a criminal conviction. If he violates any condition of probation, however, the State can file a motion to adjudicate his guilt, and if the allegations of the violations are found to be true, the Judge can sentence him anywhere within the punishment range provided by law. For a 2nd degree felony, that is from 2 to 20 years confinement in prison and up to a $10,000 fine. Only his attorney would know the plea recommendation made by the DA/probation department, but it’s obvious your husband has a substance problem, so the best you could hope for is in-patient rehab (SAF-P). Since he has more than one revocation, the Judge may be tired of seeing him.