GUILTY TX - Ethan Couch 'Affluenza Teen' DUI driver who killed four gets probation, 2013 #1

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I need some advice from a Texas legal expert. I've managed to stay out of jail all my life so my understanding of criminal law is very limited.

When Tonya Couch gets back to Texas & makes bail, are there any limits on what she can or cannot do? I know she would probably get in trouble if she jumped bail, but is she free to live her hedonistic lifestyle by continuing to pop pills & guzzle booze?
 
EllieBee said:
Waving at my neighbor in corruption!!!!! :seeya:

From your Louisiana neighbor. (Very corrupt, here, too!)
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Waving at both my neighbors in corruption (Texas-faw720 and Louisiana-EllieBee). :seeya:
From your Florida neighbor (also corrupt)
 
faw720 said:
I need some advice from a Texas legal expert. I've managed to stay out of jail all my life so my understanding of criminal law is very limited.

When Tonya Couch gets back to Texas & makes bail, are there any limits on what she can or cannot do? I know she would probably get in trouble if she jumped bail, but is she free to live her hedonistic lifestyle by continuing to pop pills & guzzle booze?
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She is, as I understand it, under arrest for hindering the apprehension of a felon.
She may bond out or not depending on Judge and likewise her bail conditions can be set by the judge.
She will likely be charged with a third degree felony.....

12.34. THIRD DEGREE FELONY PUNISHMENT.
(a) An individual adjudged guilty of a felony of the third degree shall be punished by imprisonment in the institutional division for any term of not more than 10 years or less than 2 years.
(b) In addition to imprisonment, an individual adjudged guilty of a felony of the third degree may be punished by a fine not to exceed $10,000.
 
I heard on CNN her lawyers said she may not have broken any laws, To the lawyers STFU her son did break laws and kill innocent people, then broke probation rules, she wanted to flee with her son <that she herself corrupted> I'm starting to feel bad for Ethan, it's going to take yrs. to undo his ugly mothers mothering.:moo:
 
faw720 said:
I need some advice from a Texas legal expert. I've managed to stay out of jail all my life so my understanding of criminal law is very limited.

When Tonya Couch gets back to Texas & makes bail, are there any limits on what she can or cannot do? I know she would probably get in trouble if she jumped bail, but is she free to live her hedonistic lifestyle by continuing to pop pills & guzzle booze?
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Not an expert, but I can provide some information, some experience, and of course, an opinion or two.

Yes, there can, and will, be restrictions placed on the bond.

http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.17.htm

Texas Code of Criminal Procedure

Article 17.40 CONDITIONS RELATED TO VICTIM OR COMMUNITY SAFETY

...a magistrate may impose any reasonable condition of bond related...to the safety of the community.
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Articles 17.43 and 17.44 address home curfew, home confinement, and drug testing as conditions.

First off, home curfew, electronic monitoring, and travel restrictions are slam dunk "reasonable" on this one.

Yes, a magistrate can include drug testing as a condition. But, I think an argument could (and would) be raised whether that is "reasonable" for this person.

She has no criminal history of drug or alcohol related offenses (that I'm aware of) and her charge is not drug or alcohol related.

If there exists deposition or other testimony, or any other documentation of substance and/or alcohol abuse, that would add weight for drug testing as a "reasonable" condition.

JMO, but I think the issue of drug testing as a condition will come down to:

a. Does a documented history of substance/alcohol abuse exist for this defendant, and

b. Is drug testing an issue that the DA's office considers a battle worth fighting for this defendant.

They may or may not ask for it; they may or may not get it. Even if a magistrate grants it, they would likely have to defend it to a district court judge. On the other hand, they are already assured of going to district court regarding the bond amount, so if they can fight for drug testing economically (time to craft their arguments) they might opt to go for it.

Her attorney has already indicated they will be requesting a reduction in the bond amount. Guarantee that her attorney will also go at any and all other conditions that could be considered unreasonable.

It's certainly possible that they can get drug testing as a condition from a magistrate even without a documented history. It may be that a documented history does exist.

I think it is safe to say that she will be fighting "tooth and nail" through her attorney on just about everything.

The DA's office can and may go at the battle with the same approach. However, they are not unlimited in their resources as they have a boatload of other criminal offenders and cases on their plate.

I do expect the DA's office will throw every resource they can against this defendant. I can also respect that they may have to triage their responses to avoid getting suckered by the defense into resource draining tactics. Time is a valuable resource in a prosecutors world.

Hard to say how drug testing as a condition of bond will play out, but it is possible under Texas law.

Just saying that what sometimes looks simple and "reasonable" out here isn't always the case in criminal procedures.
 
RickshawFan said:
I would say, in that case, that Mexican authorities "couldn't" book a flight from Mexico directly to Texas for a strategic reason. By routing her to LAX, she's forced to stay in jail until they "get their paperwork together". Hope she's meeting some friendly Big Berthas in there: LE could make sure this takes a while....:dance:

LE spent the Holidays looking for Mama Twerp, time for a few compensatory days off while she cools her feet...
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(Emphasis added.) Could we please stop rooting for rape and rapists?

I share the indignation concerning this case, but celebrating the possibility that any of the Couches might be raped in prison does a disservice to rape victims everywhere. (No, I'm not among the latter, but I don't like to see their experiences trivialized, even unintentionally.)
 
Nova said:
(Emphasis added.) Could we please stop rooting for rape and rapists?

I share the indignation concerning this case, but celebrating the possibility that any of the Couches might be raped in prison does a disservice to rape victims everywhere. (No, I'm not among the latter, but I don't like to see their experiences trivialized, even unintentionally.)
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Nova! Good to see you! :)
And thank you for making that much needed point
 
Nova said:
(Emphasis added.) Could we please stop rooting for rape and rapists?

I share the indignation concerning this case, but celebrating the possibility that any of the Couches might be raped in prison does a disservice to rape victims everywhere. (No, I'm not among the latter, but I don't like to see their experiences trivialized, even unintentionally.)
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No doubt your opinion is the compassionate one & also the one that is morally correct. Right now I am not ready to forgive & forget. JMO, both of them deserve anything bad that happens to them. 4 lives lost means nothing to them & I am not worried about bad things happening to them. They need to pay, somehow, some way for the agony they have caused others.
 
He may not want anything to do with her (Tonya) anymore. I'm not sure of the status of their relationship or lack thereof.
 
From articles yesterday, Tonya is being held in segregation. IIRC it even said for her own safety.
 
We have continually read about Tonya's drinking and drugs. Of course, we have no verification of this, only what is reported.

Is there a way the DA can check this out for clarification and proof to present to the judge? Wonder if the ex would turn on her? Just a thought.
 
Ray_of_hope said:
He may not want anything to do with her (Tonya) anymore. I'm not sure of the status of their relationship or lack thereof.
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Well, all 3 of them have a history of utter contempt for the law. That bond may be stronger than any little domestic matters. I don't think I've ever known of any criminals that absolutely refused to accept the authority of the law except for possibly those who choose to 'commit suicide by cop'. Heck, even serial killers give up once they know there is no other way out.

BTW, I have absolutely no respect for defense attorneys that keep working to free their clients who they know to be guilty as sin. Likewise, the same thing goes for prosecuting attorneys who work feverishly to convict a person they know to be innocent. Where is the justice in either of those cases?
 
Ray_of_hope said:
He may not want anything to do with her (Tonya) anymore. I'm not sure of the status of their relationship or lack thereof.
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That's entirely possible but I think EC has been so dependent on mommy his whole life that he wouldn't have the courage to turn his back in her. Lord knows mommy & daddy have been the worst influences imgineable and he will greatly benefit from the separation from them both.

What a mess these two "parents" have created, not to mention the loss of life, damage and terrible pain of those left behind.
 
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