What Is Brent Facing

[Pappa Cheeto]

The charge of DWI must be considered in this case although as a juror I would not find him guilty of DWI but intoxication manslaughter. See Henry vs State of Texas http://caselaw.findlaw.com/tx-court-of-appeals/1467359.html.

It is possible the DA would reduce the charge to DWI if the family insists although he definitely is not obligated to do so. I wouldn't but he/she may. There is no other complainant except the state and there is no civil case on the horizon at this time.

I have no idea what will happen. Driving at a high rate of speed almost certainly negates any defense Brent has to mitigate the IH complaint.

If you're a DA in this case, what incentive would you have to reduce the offense? And a second degree felony is not getting reduced to a misdemeanor DWI unless there is a serious flaw in the case. Heck, I doubt they'd reduce this to intoxication assault, which is still a felony. If the DA has a decent case, they won't want to get blasted by the community for cutting a break to a Cowboy who caused the death of another person.

 

[jobberone]

If you're a DA in this case, what incentive would you have to reduce the offense? And a second degree felony is not getting reduced to a misdemeanor DWI unless there is a serious flaw in the case. Heck, I doubt they'd reduce this to intoxication assault, which is still a felony. If the DA has a decent case, they won't want to get blasted by the community for cutting a break to a Cowboy who caused the death of another person.

As I said I wouldn't cut it back but since the family wants no jail time then he will have to consider the victim's rights vs the publicity he gets from prosecuting the case vs the State's need for justice.

 

[peplaw06]

His prior DWI/DUI is not really relevant. It would be a misdemeanor. This is a second degree felony. Plus, if he pleads, the prior can be considered during punishment even if the statutes aren't identical. He's looking at 2-20, but is probation eligible. He's not eligible for deferred adjudication because its an intoxication offense. The judge will have a few options at his/disposal. Josh can get time in TDC (2-20), probation with county jail as a condition (up to 180 days), or "shock probation" where the judge sentences him to TDC, but brings him back after six months and places him on probation.

Although, it's not very common, people do get probation in these cases. This case, where it was his intoxicated passenger who died, as opposed to innocent third party, makes his chances a little better. I would think he would at a minimum get shock probation.

This guy knows what he's talking about.

 

[peplaw06]

I don't think that was called for. He certainly hasn't insulted you.

Did he not say that I was wrong?

Hos you have insulted an "internet" lawyer now you and your source are feeling his wraith. Obviously you can not talk to a different lawyer and post his thoughts on here without being attacked for it.

I just know that if you put 100 different lawyers in a room you get about 100 different opinions.

This is really not a matter of opinion.

I'm trying to prevent the spread of misinformation here. You never know who looks at these forums and these posts... and who might take the incorrect information posted in here and rely on it to their detriment. Any perceived "attack" you think I have gone on is really just information. I'm sorry that there's incorrect information in this thread, really I am. And I guess I'm sorry for trying to try to make it right... I'm sure you're shocked that incorrect information is ever posted on this forum.

 

[justbob]

This guy knows what he's talking about.

Yes he does ---its what we have been trying to say

 

[Venger]

Anyone thinking Brent isn't facing serious jail time is self delusional. You cannot KILL SOMEONE and not go behind bars... prior events can be used during sentencing, and his prior DUI isn't going to help him one bit.

You won't be seeing Josh Brent until 2016, minimum.

 

[bkeavs]

Anyone thinking Brent isn't facing serious jail time is self delusional. You cannot KILL SOMEONE and not go behind bars... prior events can be used during sentencing, and his prior DUI isn't going to help him one bit.

You won't be seeing Josh Brent until 2016, minimum.

This is untrue

Just look at Leonard Little

 

[justbob]

Anyone thinking Brent isn't facing serious jail time is self delusional. You cannot KILL SOMEONE and not go behind bars... prior events can be used during sentencing, and his prior DUI isn't going to help him one bit.

You won't be seeing Josh Brent until 2016, minimum.

Can't say that as a blanket statement.....There is the possibility of shock probation and then being out on a very carefully monitored probation. It is done and I have been involved in several cases where the defendant got 10 years probation.

Do I think it will happen --NO ----can it YES

 

[Hostile]

Did he not say that I was wrong?

Yes, but he never questioned your credentials, and if he did I would defend you.

 

[Hoofbite]

So when is he going to be back on the field in a Cowboy's uniform?

 

[justbob]

Enough of the bickering about who said what ---Stay on the thread and not each other --or move on.

 

[justbob]

So when is he going to be back on the field in a Cowboy's uniform?

"Nevermore"said the Raven ----or something like that

 

[Venger]

Even in Missouri, they have gotten FAR tougher on DWI - Little was what, over a decade ago? They don't play with that down in Dallas.

 

[Hostile]

So when is he going to be back on the field in a Cowboy's uniform?

Purely a guess, 2013 after a suspension is served.

 

[justbob]

Purely a guess, 2013 after a suspension is served.

Will the suspension be served as the same time he is in jail (if is) or does it have to be served after he is made active?

 

[Hostile]

Will the suspension be served as the same time he is in jail (if is) or does it have to be served after he is made active?

After jail, if he goes to jail. I suspect he will, but am not sure enough to declare it a certainty.

 

[Lazyking]

NFL should make an example out of him and suspend him for the whole year at least regardless of jail time.

It's not me hating on the guy but he made a choice to drive drunk and killed someone. NFL has to set a new precedence.

 

[BringBackThatOleTimeBoys]

NFL should make an example out of him and suspend him for the whole year at least regardless of jail time.

It's not me hating on the guy but he made a choice to drive drunk and killed someone. NFL has to set a new precedence.

That's likely, give previous cases like Vick's dogfighting case - I'd be surprised if Brent is suspended less than a year.

 

[Roger78]

Board certified criminal lawyer in the State of Texas since 1995. I worked in a mid sized county for the district attorney's office for over 20 years and more than half of that time as its chief felony prosecutor. Have been a criminal defense lawyer for over 5 years. I have handled many of these cases thru the years.

Let's start with the basics. Many of you have got a lot of things right but I have some other info for you and some insight on how the whole process works. Yes this is a second degree felony, 2 to 20 years in the pen and up to a $10000.00 fine but restitution can also be awarded to the victim's family whether he gets pen time or probation. These are limited to out of pocket expenses.

He can get either pen time or probation (if he has never before been convicted of a felony). This is where it gets deep. My former boss, tried one of these cases and added a deadly weapon allegation to the indictment. A deadly weapon finding (Art. 42.12(3)(g)) says that a person that uses a deadly weapon during the commission of the offense gets a deadly weapon finding. A deadly weapon is anything that in its manner is used that could cause death or serious bodily injury. The highest court in Texas upheld this finding. What this means is a judge is prohibited from giving probation in a plea bargain case with such a finding. It also means that the defendant would have to serve at least half of any sentence in prison without any good time. Without such a finding a judge could give probation and even if he got pen time parole is based on quarter time less good time. There is no deferred adjudication in Texas (what Michael Irvin got) for any type of intoxication driving offense. However even if there was a deadly weapon alleged and found, a jury can still give a defendant probation as long as they don't give him more than 10 years.

In Texs the defendant has the option of whether a judge or jury determines his punishment. We are only one of about 10 states that do this. And yes the prior dwi does make a difference to either a judge or jury in what they do with the case. However it will only be up to either of them if the defendant goes to trial. If a defendant pleads guilty according to a plea bargain then the judge can either accept the deal or refuse it. If he refuses it, then the defendant gets to withdraw his plea and start over.

In most cases what the victim's family wishes to do is pretty much determinative. Look at this way, if you were the prosecutor do you want to go to jury trial and get a guilty verdict and have the victim's family get up and ask for probation, obviously not. A plea bargain for probation usually has the victim's family come testify that they are in favor of the the deal to give every one "cover".

It's my guess the deal will be for 10 years probation with the mandatory minimum of 120 days jail as a condition of probation (day for day) and a $10,000.00 fine with restitution. I'm sure there will be some alcohol treatment in there too. Anyway for whatever that's worth.

 

[justbob]

After jail, if he goes to jail. I suspect he will, but am not sure enough to declare it a certainty.

So lets say 1 year in jail --active for last half of 2013 ---he would signed activated and then suspended ? Still be 24 -25 yrs old?