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damdifino · Oct 7, 2009, 10:31 AM

I have a female in-law that is awaiting trial in Texas for threatening a boyfriend with a knife, she has two previous convictions for similar offenses. Does she stand a chance of going to jail for this offense. She got probation on the previous two, but obviously did not learn any lessons. She also has three kids to take care of 16year old 11 and 9. her bond is $50,000-00 which she cannot make and will spend 30 pus days in county until her trial date. What are the likely outcomes.

Fr_Chuck · Oct 7, 2009, 10:36 AM

Sadly men and women don't get equal treatment in courts, women get a lot less sentense almost always,

Since this is the third time and assuming the victim will testify in court against them, I would assume some jail time.

twinkiedooter · Oct 7, 2009, 11:37 AM

She needs to start making some sort of arrangements for her 3 kids to be taken care of for a long stretch of time. Being convicted twice for the same thing and she hasn't learned not to attack other people with weapons definitely will not sit well with the Judge. She will probably be going away for awhile. The court really does not care how many kids she has at home to take care of when it really comes down to it. The court sentences folks for their actions - not their progeny.

SmellyDogsMom · Oct 7, 2009, 06:15 PM

Normally domestic violence cases heve few independent witnesses. If it is just his word against hers, she may have a chance at trial. The other convictions, unless they quite similar in facts, should not come in at trial. (Similar is more than just another domestic violence case).

The concern here is that her bond is so high, it sounds like the facts of the case must be bad, possibly more than just a menacing or threatening type case. Plus, regardless of what happens on her new charge, she could still be violated on her old charges.

I agree with the others, as far as the children are concerned, many judges think that she should have thought of her kids before her altercation.

excon · Oct 7, 2009, 06:24 PM

Originally Posted by damdifino

I have a female in-law that is awaiting trial in Texas for threatening a boyfriend with a knife, she has two previous convictions for similar offenses.

Hello d:

You mentioned three strikes... IF your state HAS a three strikes law, in order for it be applied, she would have to have two previous violent FELONY convictions.

excon