TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Sabala Answers Questions
Go
New
Find
Notify
Tools
Reply
  
Sabala Answers Questions Login/Join 
Member
posted
Sabala, No. 04-02-261-CR (03/19/03) seems to answer two questions I have entertained for some time. First: Does the court have authority to order a probationer held in the county jail pending transfer to a CCF or to a SAFPF? I have found no specific authority in 42.12 for this, but it is certainly implied (and is the common practice in my district). Second: Upon revocation is the probationer entitled to credit against his sentence for the time spent in the county jail awaiting such transfer? My judge has always allowed such credit. He apparently has been wrong to do so.

Now I have two other questions. What remedy, if any, does the State have to get the correct amount of sentence credit reflected in the judgment? Is it ever worth arguing about this with the court? It is my impression that many judges never even take the time to calculate sentence credits (they let someone else do it), but mine is pretty meticulous in doing so.
 
Posts: 2393 | Registered: February 07, 2001Reply With QuoteReport This Post
  Powered by Social Strata  
 

TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Sabala Answers Questions

© TDCAA, 2001. All Rights Reserved.