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Texas Misdemeanor DWI sentencing time limits

Garden Ridge, TX |

If there is a jury trial and a guilty verdict for misdemeanor DWI, does the state have a time frame to give its sentence or punishment to the defendent?

Is the state required to sentence the defendent within a time frame set by the law? Or can it carry it out forever like it does it's trial dockets???

Attorney Answers 5

Posted

Yes it can be delayed, but that's unusual. What says your lawyer

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Posted

Yes it can be delayed, but that's unusual. What says your lawyer

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Posted

There is not a time frame set out by law, but it will not carry on as long as the case itself did.

Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at www.macyjaggers.com for more information about her services and recent victories.

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Posted

There is not a set time for sentencing but I doubt a judge would let it drag out more than a few weeks.
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My answers are intended only as general legal advice and are not intended to create an attorney-client relationship. There is no substitute for a full consultation with a local experienced criminal defense attorney. For more answers based on my 19 years of experience visit my website, www.austincriminaldefenseattorney.com

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Posted

The answer to your question like all of your other questions, depends upon who you elected to be the trier of fact for the punishment stage of your trial.

The punishment stage of a trial is a seperate and distinct trial that only occurs AFTER a jury has convicted a defendant. This trial may or may not consist of witnesses or expert testimony, background and other character evidence of the defendant. Punshment maybe decided by either the judge or the jury. Your attorney is the person to help you decide which is the correct choice for your case.

In the event you elected to have the jury to assess punishment, most courts will schedule the punishment phase with the same jurors from the guilt innocence stage to begin either the same day as the pronouncement of conviction or within a day or two.

If you elected for the judge to assess punishment, the judge may order the probation department to complete a Pre-Sentance Investigation Report. This is a detailed social and cognative history report for the judge to review. The defense will be offered a chance to review this packet and to present additional evidence, if they choose. Again these are details for you and your attorney to discuss BEFORE trial.
The judge usually will recess the trial for anywhere between 60 and 180 days for a Pre-Sentance Investigation Report to be compiled.

I have been watching the series of questions you have posted about Judge Gray in Comal County. Either you and your attorney did not properly discuss these issues BEFORE trial; You did NOT ask, or you are a family member and NOT the defendant who was told to butt out. Either way you need to know that Judge Randy Gray is a very through and methodical judge. Especially in DWI 2nd case. Judge Gray is well respected because he makes it very clear to everyone that HE is in charge and will NOT be rushed. HE will ask questions and HE will not tolerate bull crap. Now especially on DWI-2nds Judge Gray will often order a probationer in to HIS DWI Accountability Court which is an intensive reporting and monitoring probation court. Judge Gray's rationale is that he is trying to stop a DWI Defendant from getting a 3rd DWI or dying of alcoholism. Judge Gray will use ignition interlock orders, SCRAM ankel monitors, weekend jail, intensive counseling, drivers license suspensions or ANY other means he feels necessary to try and help someone learn to control their alcoholism. His methods may be tough, but they work.

Now ultimately if someone who has been convicted of DWI-2nd in Comal County and sentanced to the Accountability Court does not want to co-operate with Judge Gray, both Judge Gray and Judge Stephens have made it clear they will revoke that persons probation and sentance him or her to at least 250 days or more in the Comal County Jail.

I hope this answers your questions, in the future the correct thing to do is speak with your lawyer FIRST, foremost and often.

Martin Zimmerman

Martin Zimmerman, P.C. 189 E. San Antonio St. P.O. Box 310704 New Braunfels, Texas 78131-0704 Tel: (830) 606-7886 Fax: (830) 627-2890 The information contained in and transmitted with this e-mail is: 1) Subject to the Attorney-Client Privilege; 2) Attorney Work Product; or 3) Confidential It is intended only for the individual or entity designated above. Any distribution, copying, use of, or reliance upon the information contained in and transmitted with this facsimile by or to anyone other than the recipient designated above by the sender is unauthorized and strictly prohibited. If you have received this e-mail in error, please notify Martin Zimmerman, P.C. by telephone

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4 comments

Asker

Posted

Does the judge typically order a Pre-Sentence Investigation before ordering someone into his accountability court?

Martin Ben Zimmerman

Martin Ben Zimmerman

Posted

Yes

Asker

Posted

Does the judge typically order someone into his accountability court without a Pre-Sentence Investigation?

Martin Ben Zimmerman

Martin Ben Zimmerman

Posted

I understand why you keep asking these questions. However each and every question you have posted is the type of material that you should have discussed with your retained attorney BEFORE you went to trial. I am deeply sorry that either you chose to ignore your attorney’s advice or were in denial as to possible outcomes. Right now you need to understand that your life is in the control of Judge Randy Gray and that HE will decide what is best for you. Listen to him, learn from him. He truly wants to help you, but only IF you are ready to get alcohol out of your life for good. If not, then he will put you in jail for as long as he can under the law. Please ask me no other questions unless you are willing to pay a consultation fee. Martin Zimmerman

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