worried!!! please help!!

[Mother of inmate]

If anyone knows or has experienced anything dealing with smith county law can answer this question for me since his so called public defender wont talk to me. My son has never had a felony before and has an sentence of 2to20 for 2nd degree poss. charge what are his chances of getting probation or time?

[Legal Eagle]

His atty is prohibited from talking to you w/o his permission. What is his offense? That has something to do w/ his chances. Does he have any prior misdemeanors? If so are we talking one or 10+. Has he ever been on probation before? Did he complete it? You have to provide more informtion if you want a reasonable answer.

[mother of inmate]

his offense is he pled guilty to the 2nd degree charge which he shouldn't have done since the drugs wasn't his to begin with. He was given credit for time served on his marg charge(he had only a dime bag of that). He was caught with 4grams of x-pills. Which from what i was told is only 4to 5 pills. He has never had a felony before,the only trouble his has been in is traffic tickets and was on bond at the time of his arrest for traffic tickets.He has been in there since May 17 of this year. he has never been on probation before. He goes to his indicment trial sept 25th of this yr.to see if they are going to give him time or probation.

[mother of inmate]

thanks legal eagle for you reply. I sure hope your next relpy is a postive one!

[Legal Eagle]

If all he has is traffic tickets he basically has no priors as they usually don't take traffic tickets into consideration If they think he was dealing the drug he probably has a 50/50 chance at best. If they charged him w/ possession and not delivery then most likely he'll get probation w/ some type of mandatory drug treatment.

[mother of inmate]

thanks legal eagal for your legal input on my sons situation. It has shed some light on this matter and hopefully it will turn out the latter.

[Internet Advice]

Mother,
he'll probably end up hanging on his shoe laces in Smith County jail. Then the jail coordinator will go hang out at the Texas Roadhouse and drink to 2 am with his attorney. Then they'll swap pictures of him taking his last shower with everybody in the courthouse.
That's East Texas for ya.
Your son's first mistake was driving to Tyler.
His second mistake was not carrying a prescription.
Out of state inmates wind up deceased in East Texas.

[MeMeMe]

Internet Advice wrote:

Mother,
he'll probably end up hanging on his shoe laces in Smith County jail. Then the jail coordinator will go hang out at the Texas Roadhouse and drink to 2 am with his attorney. Then they'll swap pictures of him taking his last shower with everybody in the courthouse.
That's East Texas for ya.
Your son's first mistake was driving to Tyler.
His second mistake was not carrying a prescription.
Out of state inmates wind up deceased in East Texas.

You are an FN idiot. Why would you tell a mother who is worried sick about her son, such a bunch of stuff like that??? You jerk!!

[NANA]

THAT WAS UN CALLED FOR , THATS HER SON SHE LOVES HIM. GOD SAID HE WHO IS WITHOUT SIN CAST THE FIRST STONE.

[mike]

Your in Deer Park!!! What the hell do you know about East Texas justice. First, he should be eligible for probation since he has no priors. his mistake was having pills on him. If they werent his, he shouldnt have had them. There is a problem with dope all over and he just contributed to it.
Mother, just write to your son and let him know he has someone outside. that is the biggest thing you can do for him. and then when he gets out, you make sure he doesnt mess up one inch!!! it is easy to go back.

[Law]

If his charge is Possession and it is a State Jail Felony (as opposed to Felony 3 or higher), and he has no prior felonies, probation is mandatory per state law.

[mother of inmate]

thanks to all of you who had encouraging words for me that really meant alot and hopefully it will never happen to internet advisor. I will feel better when i bring my child home, pray for us . Again thanks!!

[mother of inmate]

will let everyone know what the outcome is on my next post!

[Law]

By the way, I'd encourage your son to find a better choice of associates... and maybe make sure he is drug tested if he gets probation.

[A mom]

I will pray for your family. Smith County justice is hard core. Sometimes like killing a gnat with a sledge hammer, but Tyler really is a nice place to raise a family. Good luck and hopefully your son will make an adjustment and turn his life into one that he can be proud of and be fulfilled. We are all human and we all make human mistakes. The trick is to try to learn from them and not make the same mistakes again.

[justic]

A mom wrote:

I will pray for your family. Smith County justice is hard core. Sometimes like killing a gnat with a sledge hammer, but Tyler really is a nice place to raise a family. Good luck and hopefully your son will make an adjustment and turn his life into one that he can be proud of and be fulfilled. We are all human and we all make human mistakes. The trick is to try to learn from them and not make the same mistakes again.

Its hardcore because thats what the citizens want in order to hopefully provide a safer environment. Only folks who ever complain are the criminals.

[mother of inmate]

my son really is deep trouble.... his arraignment didnt go so well. the prosecutor and judge is trying to make an example out of him by trying to sentence him to 6yrs in the penn. he really needs someone to fight for him because he knows nothing about what is going on. His public defender is not trying to help him at all. He is just trying to finish my son's case so he can move on to the next one. Please, if anyone knows someone who would be willing to help my son please reply to my plea for help(lawyers that is) my son really doesnt deserve this harsh first time offense charge. His next court date is nov.9 and this one is a jury trial. As of today he has no lawyer only a public defender. I am willing to pay for any services offered. Only the ones who will go the mile and believe in his innocent can respond please!

[left-tyler]

ok i will be the harsh one here but maybe he does desirve to go to jail. i mean he had pills that were not his. east texas has a major drug problem. and i don't buy the whole first time thing. this might be just the first time he got caught. if i kill someone can i use the " well judge its the first time i ever killed someone so how about probation." and it seems that you are a little late in the game wanting to pay for a decent lawyer. seems this should have been something you did back in sept. when you first posted to us all about your son. i know my family who is left in tyler will feel safer that another loser druggie kid is off the streets. and for anyone about to reply with well he wasnt selling just using. just becuase he wasnt seling doesnt mean he still would not get stoned and crash a car into someone i care about.

[Justic]

mother of inmate wrote:

my son really is deep trouble.... his arraignment didnt go so well. the prosecutor and judge is trying to make an example out of him by trying to sentence him to 6yrs in the penn.

Oh BS. He isn't being made an example of at all. What has he been charged with? I guarantee you this plea offer is likely less than what a jury will give him, thats the benefit he gets for taking the plea.

[mother of inmate]

well everyone has their own opinion in this case. I respect each and everyones opinion but i know my son better than anyon and he is not a bad child he just made a mistake by trying to help a close family member and i know that he has learned his lesson in my opinion everyone deserves a second chance especially if he wasnt hurting or trying to harm anybody. I taught him better than that. He is not the type of child that is a trouble maker or a dope-head. I just feel like people with this sort of charge should get a second chance and not be thrown to the wolves. not all people are bad. now murder, that is different but not in this case. I understand some harsh feelings some of you may have but when is probation an option if some of you feel that he should go straight to jail?