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Should I turn down misdemeanor probation?

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What is the name of your state?Texas

Had a first DWI with open container. I wasn't over .14 or anything, but have two 2018 nonDWI, fine-only misdemeanors in another state and my lawyer says the county here wants at least 15 days in jail rather than the minimum 6, and he can't get it reduced to reckless driving. They WILL offer me a year's probation plus community service with no jail, but the probation they want is nuts. Even an ankle monitor and have to ask permission every time I leave county, plus a lot of other crap. Fine basically the same, maybe even a little less after I'd pay the monthly probation fee.

I'm tempted to bite the bullet and just take jail. Does anybody know if the jail record makes it worse in the long term? My lawyer says no, it's the crime that counts not the punishment, besides I've already had a night custdy at the p.d. here when I was arrested. He says look at the misdemeanors from the other state, they are on the record even without jail. He says our county jail is pretty bad but I'd probably get through it okay and he's had four misdemeanor guys take jail in the last month, so it really comes down to what I want.

Just checking here to see if anybody knows a jail record would hurt me more in the end.
 


Mass_Shyster

Senior Member
What is the name of your state?Texas

Had a first DWI with open container. I wasn't over .14 or anything, but have two 2018 nonDWI, fine-only misdemeanors in another state and my lawyer says the county here wants at least 15 days in jail rather than the minimum 6, and he can't get it reduced to reckless driving. They WILL offer me a year's probation plus community service with no jail, but the probation they want is nuts. Even an ankle monitor and have to ask permission every time I leave county, plus a lot of other crap. Fine basically the same, maybe even a little less after I'd pay the monthly probation fee.

I'm tempted to bite the bullet and just take jail. Does anybody know if the jail record makes it worse in the long term? My lawyer says no, it's the crime that counts not the punishment, besides I've already had a night custdy at the p.d. here when I was arrested. He says look at the misdemeanors from the other state, they are on the record even without jail. He says our county jail is pretty bad but I'd probably get through it okay and he's had four misdemeanor guys take jail in the last month, so it really comes down to what I want.

Just checking here to see if anybody knows a jail record would hurt me more in the end.
I don't think anyone here knows more than your lawyer.
 

quincy

Senior Member
What is the name of your state?Texas

Had a first DWI with open container. I wasn't over .14 or anything, but have two 2018 nonDWI, fine-only misdemeanors in another state and my lawyer says the county here wants at least 15 days in jail rather than the minimum 6, and he can't get it reduced to reckless driving. They WILL offer me a year's probation plus community service with no jail, but the probation they want is nuts. Even an ankle monitor and have to ask permission every time I leave county, plus a lot of other crap. Fine basically the same, maybe even a little less after I'd pay the monthly probation fee.

I'm tempted to bite the bullet and just take jail. Does anybody know if the jail record makes it worse in the long term? My lawyer says no, it's the crime that counts not the punishment, besides I've already had a night custdy at the p.d. here when I was arrested. He says look at the misdemeanors from the other state, they are on the record even without jail. He says our county jail is pretty bad but I'd probably get through it okay and he's had four misdemeanor guys take jail in the last month, so it really comes down to what I want.

Just checking here to see if anybody knows a jail record would hurt me more in the end.
I agree with your attorney.
 

quincy

Senior Member
Dude, for real - skip jail. BTDT (have I now shocked my Senior friends?) It sucks. All around. Pay your fines, suck up the probation.
A lot of offenders have a difficult time with probation. And, if they violate the terms of their supervision, their original sentence can be imposed and they wind up in jail anyway.

Jail is obviously no fun (it is not meant to be) but whether to choose jail or probation really is a personal choice.
 

stealth2

Under the Radar Member
A lot of offenders have a difficult time with probation. And, if they violate the terms of their supervision, their original sentence can be imposed and they wind up in jail anyway.

Jail is obviously no fun (it is not meant to be) but whether to choose jail or probation really is a personal choice.
I hear ya. I will say that it was fascinating as a social experience. Not that I recommend it. For any number of reasons.
 

quincy

Senior Member
While I would prefer to not repeat it, it provided something useful. To me.
Oh. I don’t doubt experiencing jail has value. In fact, I think it more valuable than probation. Around here, however, jail time for nonviolent crimes is getting rare. Supervised release is the preferred sentence.
 

PayrollHRGuy

Senior Member
As someone that reads a LOT of background checks, I will say that the multiple misdemeanors will pull more attention than 15 days worth of jail time on one of them.

Also, of late I'm getting tired of hiring people on probation simply because they keep having to have meeting with probation officers during work hours.
 

quincy

Senior Member
As someone that reads a LOT of background checks, I will say that the multiple misdemeanors will pull more attention than 15 days worth of jail time on one of them.

Also, of late I'm getting tired of hiring people on probation simply because they keep having to have meeting with probation officers during work hours.
Multiple misdemeanors, whether the sentences are served in jail or on probation, are always going to send up more red flags for an employer than a single misdemeanor. :)
 

Just Blue

Senior Member
Oh. I don’t doubt experiencing jail has value. In fact, I think it more valuable than probation. Around here, however, jail time for nonviolent crimes is getting rare. Supervised release is the preferred sentence.
That's it. Gonna go and commit a petty crime to get a valuable 12 hour jail time experience.







See ya tomorrow, Guys!!
 

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