Asked 1/28/2016 – Amarillo, TX

My son has PD in Texas. This is his third felony and they’re trying to habitualize him. His priors are burglary of habitation and aggregated theft of property which were run together in 2009. Then evading arrest and now drug charge with no aggravated charges. Their offer is 30 years and no response from attorney after she sent paperwork. He is out on PR bond now. What should we do? We’re not rich

Answer

The DA has the option to drop the enhancement paragraphs, but the question the DA will ask is “Why should I”? The defendant has shown aggressive behavior, no respect for authority and has a substance problem. Did he successfully complete probation on the cases from 2009? If he has been to the pen before, the plea recommendation will not be less than the pen time he previously served. Have your attorney see if SAF-P is an option; otherwise, you may have to take the case to trial.