Tag Archives: Charges Dismissed

Can you get two for one days for POSS CS PG 1 <1G

Criminal lawyer Marry Beth HarrellLegal Question: I have to do 180 days in the state jail I was wondering if I can get 2 for 1 days or if I can get work release?

Answer: You cannot get 2 for 1 credit in state jail and work release is not offered in state jail. However, if you served anytime in county jail before bonding out or being sentenced and transported to state jail then that time will be deducted from the 6 months. Otherwise it’s day for day while you’re in state jail.

You can apply for early release from state jail after you’ve served 80% of your time.  You must take a class and make a written application to be considered for early release. You will not be on parole or probation when you’re finally released.

Have you ever been convicted of a felony before? If not, then you should have been placed on a mandatory probation for possession of a controlled substance under a gram and you would not have gone to state jail. You could been placed on deferred adjudication probation and avoided a drug conviction too.

What can I do to have a felony strangulation charge dropped against my boyfriend?


Mary Beth Harrell gets charges dismissed
Situation
: My boyfriend was arrested for strangulation against me which I feel was a misunderstanding and an act of stupidity on my part. We were intoxicated, got into a fight and he was trying to restrain me and get me to calm down. In my drunken mind I took it as him trying to strangle me. My roommate called the cops and I told them he choked me so they arrested him.

I signed a statement but can’t remember what it said. He is now being charged with a 3rd degree felony. I paid an attorney to get him released from jail and he was approved for personal bond on. I really want to do whatever I can to get the charge dropped as soon as possible.

Answer: Your boyfriend’s attorney should get copies of the police reports, photos, your statement, your roommate’s statement and the 911 call. The attorney should allow him to look at all of it.

You can make an affidavit of non-prosecution to be submitted to the prosecutor. It may be possible to get this dismissed or reduced to a lesser charge. It will depend on the evidence and the defense lawyer’s abilities.