TX: breaking probation and getting a sentence of 10 YEARS in prison!

[hbriggs007]

My 21 year old brother was caught with the drug X a year ago and had charges of distribution that his lawyer got dropped to possesion. He was sentenced to 90 days in jail and 10 yrs probation. Well, a few months ago, he had a drug test done and they found a trace of marajuana in his system. He also had his ex girlfriend press false assault charges on him recently due to a dispute they had. He just went to court yesterday to determine his punishment. His ex was on the stand and admitted to the false statement and that he NEVER hit or scratched her. She also admitted to being his drug supplier. My brother went for an evaluation and had a pychologist testify that he had a drug addiction and requested he be admitted into their facility for rehabilitation. Well, the judge ordered him 10 YEARS in prison, with no rehab or anything beneficial to help his addiciton. They are also in a small community in TX where a bias opinion has already been formed against my brother and it's all politics. They are using him as an example, rather than offering the help he needs. This is a very harsh punishment for breaking his probation. Can an appeal be filed to move this to a higher level to get a fair shot without all the bias in their small town? What are the chances of getting it moved to a higher court system? Thank you for your time to read my post.

 

[hexeliebe]

They are using him as an example, rather than offering the help he needs

Oh, he'll get the help he needs. 10 years without drugs will clean up his system very well.

This is a very harsh punishment for breaking his probation.

He should have thought about that before he took a hit when he KNEW he was on probation.

Can an appeal be filed to move this to a higher level to get a fair shot without all the bias in their small town?

Of course it can. But since appeals will be De Novo (on the facts of the case), unless the judge made a reversable error based on law you'll lose.

What are the chances of getting it moved to a higher court system?

Slim to none. (see above) You have yet to state a claim for which an appeal will be heard.

 

[hbriggs007]

Oh please...drugs are smuggled into the prison systems as well. Of course he should have thought about his choices before making them, but he has an addiction and that was what the evaluation proved. He needs rehab, not 10 yrs in prison with murders, rapist, ect...He's not a threat to society!

However, his atty WILL appeal this, on what grounds, I don't know every detail. I was just curious to know if it can be taken to a higher level because of their bias small community. Others have had same charges, but with a MUCH lesser punishment...so why is he being treated so differently?? Of course you can not answer that one, but hopefully, they'll get the true help he needs.

EDIT: By the way Hex, you are not an attoney, so what knowledge or experience do you have concerning criminal law?

 

[hexeliebe]

I know how to stay out of prison.

And I know that NO appeal will be granted without a reversable error on the part of the judge in this case. As I said, the ONLY review for appeal is De Novo or on the facts of the case.

So, unless your brother's attorney can show that the trial court errored in some way, show that the judge applied the law incorrectly or that your brother's attorney did not provide competent legal representation (highly unlikely) his ass belongs to Bubba.

Now, hold your breath for a different answer.

 

[hbriggs007]

We'll see. I have my post on numerous advice sites, mostly dealing with Texas Law, so I'm sure I'll get many views or advice concerning my brothers situation. I'm just a concerned sister looking for a way to help out my little brother, that's all. The least I can do is try.

 

[dequeendistress]

Maybe you need to cease from treating the situation like a contest. Especially since it appears you are confrontational and looking for an answer YOU want to hear.

 

[JETX]

Okay, I'll give you one.... in Texas.

Your brother was on 10 year probation. From your own post, he violated the terms of that probation ("he had a drug test done and they found a trace of marajuana in his system") and it was revoked, thereby reinstating his original sentence of 10 years.

This has absolutely NOTHING to do with the issue of the assault charge (real or not) and only with his violation of the terms of his probation.

Hex is correct. Unless there is some reversible issue of law in his original trial, there aren't grounds for a successful appeal.

 

[hbriggs007]

ohhh please, dequeen, give me a freakin break!

Thanks for the replies Hex and JTEX.

 

[JETX]

Who is 'JTEX'??

 

[dequeendistress]

Dunno who that is, but being at the bottom of the hill is really getting old.

 

[dsaldo]

Good luck, and move foward

 

[hexeliebe]

Und Wass haben Sie damit zu tun? Niemand haben Sir fur ein Antwort gefragt.

Auch du Liebe, es gibts jede menge in diese Welt.

 

[dequeendistress]

*sniff*

 

[JETX]

Oh Christ Almighty!!

Leave it to some idiot to try to find some correlation between a person whose conduct warrants revocation of his probation and the way the Germans treated the Jews in the 30's and 40's.
What a blithering idiot!!!

Someone PLEASE tell me that this guy is impotent so that he doesn't pollute the gene pool.

 

[dequeendistress]

This guy is impotent and therefore cannot reproduce.

Feel better?

( I say we go ensure that it becomes so, if it is not.)~~probably that German coming out in me though.

Jetx by the way, it was almost as though I could hear you exclaiming "Oh Christ Almighty" as it was typed on your keyboard.

Possibly I was reading aloud.