What Is Brent Facing

[justbob]

Can he serve part of a county jail time in rehab? Is county jail considered hard time in Texas? Would he likely serve all his time in this case esp if county jail time?

Maybe wrong JB but I am going to say not....If a plea is reached on a lesser charge maybe. Or sometimes the sentence may mandate rehab. But county jail is not considered hard time.

 

[justbob]

Can't compare apples and oranges --SO don't

 

[Venger]

You're stating a personal opinion, not the law.

Keen observation.

 

[Pappa Cheeto]

Can he serve part of a county jail time in rehab? Is county jail considered hard time in Texas? Would he likely serve all his time in this case esp if county jail time?

County jail isn't an option for felonies, unless its as a condition of a felony probation. The judge is allowed to set the conditions of probation. So, a judge could order rehab in a substance abuse felony punishment facility, a county residential treatment center, or a private inpatient facility, in addition to jail, as a condition of probation. However, if he is sentenced to "time" for this, it would be in a Texas Department of Corrections facility and not county jail.

 

[the_h0wey]

From an attorney...

The law in Texas is that misdemeanor DUI's in other states do not count as prior offenses under Texas' law. Based on what I read, Brent's previous charge was a misdemeanor.

Brent will be viewed as a first time offender. And first time offenders can usually avoid jail time.



Freak out in 3...2...1...

He will get off. He is a Dallas Cowboy and has money. I'm not saying it is right, but this is exactly what will happen

 

[jobberone]

I was thinking like the lawyer was with about 180 days. I'm thinking they may allow him to serve county time and go to a rehab during the day.

 

[dogberry]

My impression is that here in Oklahoma, convicted prisoners are left in county jails for as long as possible before transferring them to state custody.

Wouldn't time spent in a county facility while waiting for the state count against time to be served?

 

[jobberone]

My impression is that here in Oklahoma, convicted prisoners are left in county jails for as long as possible before transferring them to state custody.

Wouldn't time spent in a county facility while waiting for the state count against time to be served?

Yep, and in some states it's considered hard time.

 

[Pappa Cheeto]

My impression is that here in Oklahoma, convicted prisoners are left in county jails for as long as possible before transferring them to state custody.

Wouldn't time spent in a county facility while waiting for the state count against time to be served?

Yes. Here in Texas, you get credit for time spent in custody awaiting trial, sentencing, and transfer to a state facility. Usually though, once you're convicted, county jails move you as soon as possible. The reason is budgetary. Once you're convicted and sentenced to a state facility, the county no longer wants to pay to house you and feed you.

 

[peplaw06]

Yep, and in some states it's considered hard time.

Not sure why you're concerned about the distinction between hard time and "soft" (I guess?) time... Time spent at county jail while awaiting transfer to prison counts just the same.