Texas Intoxication Mansaughter Probation Requirements in the Josh Brent Case
Dallas Cowboy player Josh Brent was released from jail over the weekend and placed in a residential treatment facility for 45 days. Brent was sentenced to 10 years probation by a jury 6 months ago after he was found guilty of Intoxication Manslaughter. The 180 days jail time was assessed by the Judge as a condition of probation.
When a person is placed on felony probation the judge in the case has many conditions of probation the she or he can order for a defendant. One of the probation conditions a judge may assess is up to 180 days in the county jail. Judges rarely impose the jail time condition at the beginning of a sentence. They will save that option as a sanction if the probationer has violated his probation in some way. However in cases of Intoxication Manslaughter it is not unusual for a judge to impose the 180 days jail time at the beginning of probation. In fact in plea bargain cases for these types of crimes the jail time is often a key part of the plea deal. Prosecutors won’t agree to probation unless the defendant agrees to serve jail time.
The residential treatment Brent was ordered to go to is also not an unusual condition of probation. Defendants in Texas Intoxication Manslaughter cases always under go some type of drug and alcohol treatment. Residential treatment requires the probationer to stay at the treatment center 24 hours a day. If the probationer leaves the facility or fails to complete the program then he would be subject to revocation of probation and prison time.
The Brent case is an example of how important it is to have an experienced criminal attorney representing you if you find yourself charged with Texas Intoxication Manslaughter charges. The State almost always seeks prison time. There are many defenses available and an Texas Intoxication Manslaughter attorney may be able to obtain a probated sentence through plea bargain or from a jury.