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I see where a jury cannot give probation to a sentence longer than 10 years, but in cases of drug possessions where the amount makes the minimum 15 years, can the judge give probation? If not, where is that?
 
Posts: 522 | Location: Del Rio, Texas | Registered: April 17, 2006Reply With QuoteReport This Post
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When the minimum sentence is 15 years, that sentence is not eligible for probation. If you are determined to sentence the defendant to probation, then the plea could potentially be to a lesser included offense (lower weight) that would not have the same minimum sentence.
 
Posts: 52 | Location: Fort Stockton, Texas USA | Registered: April 04, 2001Reply With QuoteReport This Post
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That's what I'm thinking the only options might be, if probation is the route. Thanks much.
 
Posts: 522 | Location: Del Rio, Texas | Registered: April 17, 2006Reply With QuoteReport This Post
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Suzanne,

you can put him on deferred. That way, you don't waive the 15 year minimum. HFO can go on deferred also, although I advise Defense Attorney's against it even when the Defendant asks for it....
 
Posts: 109 | Location: Kingsville, Texas, USA | Registered: July 19, 2011Reply With QuoteReport This Post
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HFO?
 
Posts: 522 | Location: Del Rio, Texas | Registered: April 17, 2006Reply With QuoteReport This Post
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HFO=Habitual Felony Offenders

25-99 or Life cases.
 
Posts: 477 | Location: Parker County, Texas | Registered: March 22, 2002Reply With QuoteReport This Post
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