Get out of jail

[hull54]

What is the name of your state (only U.S. law)? Texas
My daughter is in jail for violating the conditions of her deferred adjudication on a possession charge (POSS CONT SUBST U/1G-PG1 ). She now is supposed to go to a 9-month SAFP program. She has been waiting in jail over 4 months for an opening -- we've heard of inmates waiting 6-9 months before even getting to SAFP. She no longer cares whether she has a conviction or not and just wants to serve a sentence and get out of jail. Is there a motion or plea bargain that can be worked out to accomplish this? She has a 2-year old son and desperately misses him.

 

[CavemanLawyer]

If she has already been modified/sentenced to SAFP (Its actually SAFPF but everyone calls it SAFP as in safe pee...get it?) then there might not be anything she can do. Her best option would be to contact her probation officer and inform him/her that she just wants to get the probation over with and the probation officer can go through the court liason who deals with the prosecutor. Probation may be more than happy to have the judge modify her sentence so that they can close out her case....or they may actually want to help her get clean. Go figure.

If probation is not willing to work with her then you would need to hire an attorney for her who can negotiate with the prosecutor directly.

I would strongly advise against her pleading to an adjudication. The felony conviction will follow her for the rest of her life and make any future career options extremely limited. SAFPF is a weird and very difficult program but the statistics are amazing. It really does get even lifelong addicts clean. You might want to consider a little tough love here and not help her just get time-served because she will more than likely pick up an identical charge once out.

 

[Swoop187]

What is the name of your state (only U.S. law)? Texas
My daughter is in jail for violating the conditions of her deferred adjudication on a possession charge (POSS CONT SUBST U/1G-PG1 ). She now is supposed to go to a 9-month SAFP program. She has been waiting in jail over 4 months for an opening -- we've heard of inmates waiting 6-9 months before even getting to SAFP. She no longer cares whether she has a conviction or not and just wants to serve a sentence and get out of jail. Is there a motion or plea bargain that can be worked out to accomplish this? She has a 2-year old son and desperately misses him.

That was a raw deal to begin with, she could have walked with 6 in the county.

If the case is still open she could change her plea but it sounds like she was already sentenced and if thats the case shes out of luck.