My brother has a controlled substance under 1g/pg1 charge. Was on a deffered 2 year probation. He did one year of probation and stopped reporting and was on the run for 5 months. This was his first offense. He hasn’t been tried and his lawyer is saying he only has a choice of safp or state jail time. Is there any other way he can receive a 1244a?
Article 12.44(a) of the Texas Penal Code reduces the punishment range for a State Jail Felony case to a Class A misdemeanor punishment range. This must be done before a plea is entered and sentence is imposed. Sentence has already been imposed, so no, Article 12.44(a) does not apply in your brother's case.
12.44(a) is at the discretion of the prosecutor and/or the judge. When I see "on the run for 5 months" I think the prosecutor and the judge are incredibly unlikely to agree to 12.44(a). Nobody has a right to 12.44(a).
The above answer does not constitute legal advice. You pay for legal advice; this is free.
Probably not. If he stopped reporting it is very unlikely he will be offered a 12.44(a) and some Judges in Tarrant County will not accept a plea for 12.4()a) on a probation revocation. It sounds like his lawyer is telling him the unpleasant truth.
A 12.44a is at the discretion of the DA or Judge. Although it sounds like he qualifies, the DA does not have to offer it. If his attorney has told him these are his options, it sounds like that's the DAs offer. He can ask the judge for it at a contested hearing, but this comes with the risk that the judge will give him more time than the State is asking for. His lawyer, who is familiar with all of the facts, is in the best position to advise him.
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