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Old 12-09-2012   #46
Specnatz
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Default Re: Cowboys .. NT Manslaughter

Quote:
Originally Posted by CloakNNNdagger View Post
Looks like a third degree felon can get off with no jail time. Is this the case or am I misreading this? Would invite your input.
Quote:
Originally Posted by infantrycak View Post
You're reading it correctly. To be frank, I like latitude in sentencing. As an example from this context, I know a woman who left a bar to drive herself home, traveled a few blocks, decided it would be better not to drive, pulled over and parked to sleep. An officer spotted her, she was honest and then blew the minimum .08. Now my example comes from a 1st offense but my point is context matters.

10 years in jail is a damn serious sentence for something which doesn't involve anyone being injured. There are armed robbers, sexual assailants and even rapists who don't get 10 years of jail time.

I will need to ask my brother (which i doubt he would know since he is a police officer not a lawyer), but I thought they put in a provision to where that was not possible (probation) for DUI.

I do know that deferred adjudication is not available for a first offense. Friend of mine got one in Austin in 2008 and her lawyer said it was not available.
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