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Defendant pled to misdemeanor possession of marijuana on a Wednesday. The judge allowed him to report for his jail sentence on Friday. Defendant failed to show up to the jail for his sentence. What can he be charged with?
 
Posts: 4 | Location: Freestone County | Registered: October 30, 2013Reply With QuoteReport This Post
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Contempt of court?
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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38.113 and 1.07 (14) Makes it a state jail felony.
 
Posts: 169 | Registered: June 30, 2005Reply With QuoteReport This Post
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Hopefully, the honorable trial judge learned a lesson here...
 
Posts: 2138 | Location: McKinney, Texas, USA | Registered: February 15, 2001Reply With QuoteReport This Post
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Better practice is to reset sentencing for date when defendant is to go into jail. That way, he is out on bail pending sentencing. Failing to appear will be available for prosecution (or bail jumping).

Of course, such requested resets sometimes do signal a desire to flee.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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Escape from Custody or Unlawful Absence from a Community Supervision Facility. Chapter 38 of the Penal Code.

We file it as an Escape and then route it to Felony if they don't return or get picked up shortly after the absence happens.


C Wilde
 
Posts: 36 | Location: San Marcos, Texas | Registered: December 28, 2012Reply With QuoteReport This Post
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