Welcome to City-Data.com Forum!
U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > U.S. Forums > Texas
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 08-31-2011, 08:25 PM
 
Location: Plano, TX
770 posts, read 1,800,919 times
Reputation: 719

Advertisements

I have a friend who recently got arrrested in Collin County for harassment. He bonded out and is currently awaiting a court date. It is an incident where he is truly remorseful (and as his best friend, I believe him). What he did was tell another person via text msg. when he was mad that he was going to hurt someone. Of course, he didn't act upon it and he acknowedges what he did was wrong and is remorseful for it. The night in Jail made him realize that getting angry at someone was not worth it.

Anyway, up to this incident, he had never had any criminal offense on his record. He is a first-time offender. Again, he is the type of guy who wouldn't hurt a fly, he just let his emotions get the best of him for a moment.

His charge is Harassment (Class-B Misdemeanor in Texas) and from what I hear, because he is a first-time offender, it is a step above a ticket and shouldn't get any jail time. I heard that the worst thing that he could get is probation and a fine on top of that. Is any of that correct? I don't know what to tell him since I don't know much about Texas law or law in general. Any advice on this this is greatly appreciated!!

Last edited by Newbe10; 08-31-2011 at 09:38 PM..
Reply With Quote Quick reply to this message

 
Old 09-01-2011, 10:43 AM
 
Location: Greenville, Delaware
4,726 posts, read 11,994,695 times
Reputation: 2650
A Class B Misdemeanor is Texas is punishable by a fine not to exceed $2,000 and/or a jail term not to exceed 180 days. In other words, within these limits, a fine alone, a jail term alone, or both a fine and a jail term may be imposed.
Reply With Quote Quick reply to this message
 
Old 09-01-2011, 11:23 AM
 
Location: Austin, TX
15,273 posts, read 35,689,760 times
Reputation: 8617
The judge will clear it all up for ya .

But anyway, if you are a first time offender, it is likely to be on the lighter side....
Reply With Quote Quick reply to this message
 
Old 09-01-2011, 11:46 AM
 
1,518 posts, read 5,274,133 times
Reputation: 1486
It doesn't matter that he is remorseful. Tell him to get a Collin County lawyer. Fast.

The Collin County prosecutors office is overzealous and would put Mother Teresa in jail.
Reply With Quote Quick reply to this message
 
Old 09-01-2011, 01:01 PM
 
Location: Greenville, Delaware
4,726 posts, read 11,994,695 times
Reputation: 2650
Depending on the wording of the text he sent I wouldn't discount also the possbility of upping the original charge to one of terroristic threat. If it was just very vague, as the OP seemed to indicate, that may be the reason for simply a charge of harrassment. However, any very specific threat to do harm to person or property could attract a charge of terroristic threat (something I commonly encountered in dealing with cases in Travis County, Texas).
Reply With Quote Quick reply to this message
 
Old 09-01-2011, 01:23 PM
 
13,703 posts, read 9,036,333 times
Reputation: 10440
I certainly agree that an attorney may be a good choice.

My gut feeling, based on the little to go on, is that he will eventually be offered some type of deal in which he pleads guilty or no contest, and gets deferred adjudication lasting for a year or two; complete the time without any other arrests or convications, and the original charge is dropped.
Reply With Quote Quick reply to this message
 
Old 09-02-2011, 12:41 PM
 
Location: Plano, TX
770 posts, read 1,800,919 times
Reputation: 719
Quote:
Originally Posted by legalsea View Post
I certainly agree that an attorney may be a good choice.

My gut feeling, based on the little to go on, is that he will eventually be offered some type of deal in which he pleads guilty or no contest, and gets deferred adjudication lasting for a year or two; complete the time without any other arrests or convications, and the original charge is dropped.
That's what I heard might happen. When would the DA typically offer the deal? On the court date? Also, will he be able to get a public defender to help him out before his court date once he gets the court date? He can't afford an attorney and I don't have the money to help him either.
Reply With Quote Quick reply to this message
 
Old 09-02-2011, 03:02 PM
 
2,206 posts, read 4,754,079 times
Reputation: 2104
I'd get a lawyer and get it dropped. These things have a way of getting out of hand and damaging him down the road.
Reply With Quote Quick reply to this message
 
Old 09-02-2011, 03:52 PM
 
Location: Victoria TX
42,554 posts, read 87,104,813 times
Reputation: 36644
Quote:
Originally Posted by Newbe10 View Post
That's what I heard might happen. When would the DA typically offer the deal? On the court date? Also, will he be able to get a public defender to help him out before his court date once he gets the court date? He can't afford an attorney and I don't have the money to help him either.
I don't know Texas law, but as an example, in Illinois, if he is out on bail, either his attorney or the county defender's office can keep the refunded bail deposit as their fee. The plea bargain will be offered a few days before the court date.
Reply With Quote Quick reply to this message
 
Old 09-05-2011, 08:01 AM
 
Location: Texas
751 posts, read 1,485,529 times
Reputation: 1077
Quote:
Originally Posted by Newbe10 View Post
That's what I heard might happen. When would the DA typically offer the deal? On the court date? Also, will he be able to get a public defender to help him out before his court date once he gets the court date? He can't afford an attorney and I don't have the money to help him either.
He needs a lawyer.

Let me be clear on this, because the rest of his life can and probably will be screwed up over this one incident.

He needs a lawyer.

This CAN be handled without a lawyer, but the outcome won't be near as good for him, so....

He needs a lawyer.

Talk to the public defender's office (or whatever they call it) to see if he is eligible for their services, but make no mistake.

He needs a lawyer.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:


Settings
X
Data:
Loading data...
Based on 2000-2022 data
Loading data...

123
Hide US histogram


Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > U.S. Forums > Texas

All times are GMT -6. The time now is 01:34 AM.

© 2005-2024, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top