Am I Going to Jail/Prison?

The stakes are never higher than when a person has been accused of committing a criminal offense. Texas law punishes convicted offenders harshly, with even some first-time offenders required to spend time in jail. Whether someone goes to jail or prison depends on a number of factors, including the type of crime allegedly committed, whether the accused can make bail, and if the person is convicted, whether he or she has a prior criminal history.

Jail vs Prison

While many people use the words jail and prison interchangeably, the reality is that these are actually two very different institutions. Jail is typically where someone is held while awaiting trial if he or she is unable to pay or was not granted bail. Generally, this is also where those who have been convicted of less serious crimes, like misdemeanor offenses, are required to serve their time. Prison, on the other hand, is only for those who are actually convicted of a serious crime, like a felony. It is possible for a defendant to spend time in both jail and prison during the course of his or her case, or for that person to avoid both places entirely. Whether they are able to do so will depend on a number of factors.

Nature of the Criminal Offense 

One of the biggest factors in determining whether a defendant will spend time in jail is the type of offense in question. Generally, for more minor offenses, like misdemeanors, a person may spend at least some time in jail, unless he or she can make bail, while those accused of more serious crimes, like felonies, will undoubtedly remain incarcerated while their case is pending. If convicted, they will then be transported to a prison facility.

Defendant’s Criminal History

Another factor that can affect whether a person receives a jail or prison sentence is his or her prior criminal record. For instance, even if someone is convicted of an offense, he or she could avoid jail time if that person doesn’t have a prior criminal history. Someone with a long list of priors, on the other hand, is much less likely to receive leniency at the time of sentencing.

Local, State, or Federal Jurisdiction 

Laws and sentencing guidelines vary depending not only on the specific crime that was allegedly committed, but also on whether a case is local or tried at the state or federal level. That’s why it’s so important for those who have been accused of crimes in Texas, to reach out to a lawyer who has experience handling those particular kinds of charges and will be well-versed in the applicable sentencing guidelines.

Set Up an Initial Consultation Today 

To schedule a meeting with a member of the dedicated legal team at The Law Offices of David C. Hardaway, please call 512-805-6613 or send us an online message today. Our skilled San Marcos and Hays County, Texas criminal defense attorneys are standing by and prepared to get started on your defense right away.

Source:

 statutes.capitol.texas.gov/docs/pe/htm/pe.12.htm