Q: My son got off probation 1 yr ago for assault now hes in jail for assault w deadly weapon will he get time
A:
Assault with deadly weapon is a serious allegation. You son should contact an attorney for case evaluation immediately.
Depending on his criminal history prison is a strong possibility.
Kiele Linroth Pace agrees with this answer
A: If the prosecution can prove every element of the offense against your son, he is facing 2 to 20 years in the state penitentiary. Whether or not he gets time will depend on the quality of the state's evidence and the quality of the defense. You can't control the evidence but you can help by hiring the best defense team available in the county where the case is pending.
A: Your son's new case is a felony. Will he get time? If your son is found guilty as charged, the Court must sentence him to a term of imprisonment. (You seem to be assuming he will "lose" his case. He might win the case.) Even if he's convicted and sentenced to prison, he may still be eligible for community supervision instead of actual incarceration. Hiring a good attorney is the best way to minimize the risk your son will get a bad result and end up in prison. If you cannot afford to hire a lawyer, it's very important to ask the Court to appoint a lawyer to represent him as soon as possible. Don't wait until he's indicted or gets his notice of first court setting. Ask your county's District Clerk's Office how to go about requesting appointed counsel now.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
