I have a case that has been remanded for a new punishment hearing only. The defendant has been in prison for approximately 2 years now. Let's say we agree to give him probation at this point; can he waive all of his prison back time as part of a plea bargain? I know there is a lot of mandatory langugae in the law regarding the application of back time, but can't a defendant agree to almost anything except banishment?

Reminds me of some threads on waiver of parole.

They also can't agree to an orchiectomy, if memory serves.

I do not understand the question. Credit against a sentence is important only once the sentence is being imposed. There is no issue at the time a sentence is being suspended. And no, I do not think the courts will allow a defendant to waive his right to credit under 42.03 on retrial or ever. That is a frequent topic of post-conviction writs and a lot of time and ink have been expended on the true length of the sentence.