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DWI Misdemeanor Appeal and sentencing

Garden Ridge, TX |

After the case is disposed with a guilty verdict, how is the sentence/punishment handled while the case is being appealed?

If the sentencing is going to take place in a punishment phase to be decided by the trial judge, will the judge/prosecutor negotiate a more favorable sentence for the defendent if they agree to waive their right to appeal? (there were a few issues that the judge commented, "you can take that up on appeal" they were very important issues pertaining to venue and reasonable suspicion of the stop.

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Attorney answers 4


You need to be talking to your lawyer, not a bunch of strangers who don't know your situation. If you want a 2d opinon. that's OK but talk to your attorney first.


Wow that is a loaded question. You really need to speak to your lawyer.

This information does not constitute am attorney / client relationship and is just a general answer to the question posed with the limited facts available. There is no substitute to a consultation with an attorney licensed in your State.


All of your questions should be answered by your trial counsel. If you were dissatisfied with his/her performance to that point or for any other reason would not be using the same attorney for an appeal then you need to engage the services of new counsel who will answer these questions.


I have rarely to never seen a situation where a sentence was negotiated based on a waiver of appeal.

Law Office of David D. White, PLLC
1205 Rio Grande St.
Austin, TX 78701
(512) 369-3737

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