Q: Could my lawyer be wrong about me going to prison?
On 10 yr probation for intoxicated manslaughter in Texas. Done 7 so far. Had 1st VOP for failure to ID. Got 3 wkends. 2nd VOP driving w out a breathalyzer. Got 4 wkends. Just failed UA for alcohol revocation was filed.
Lawyer I use for VOPs said definitely doing prison time, original charge carries 2-20 best outcome I would get 8-15. He would be trying to negotiate with the prosecutor for the least amount of time bc the judge has given me alot of mercy. Couldn't I admit I am traumatized from the original incident and I use alcohol to cope and I have a problem and need rehab? My community service is done and I keep a job. Im a good person and my PO knows it. Its my first time w dirty UA I get tested a couple times a year randomly.
A: Yes, a lawyer can be wrong. I have practiced law since 1988, and there are still occasions when I am wrong even with 36 years' experience. Obviously, earlier in my career, I was wrong more often than I am now. A lawyer can tell you, based on his past experience, familiarity with the judge, and knowledge of the law, what he thinks is the most likely outcome of a particular situation. But he is no different than a meteorologist or sports betting oddsmaker. He cannot be 100% certain of an outcome. He is likely to be correct more often than not and with more experience, more familiarity with a particular judge, and more knowledge of the law, a lawyer will be correct more often as he matures in his profession. But he will never be 100% certain--or even 90% certain of an outcome.
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