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Is there any way around the mandatory probation on less than a gram with no felony convictions? I have a defendant that went off on the Judge and ended up with three contempt of court charges stacked. He wants to just do jail time on the PCS charge since he is in for a year and a half anyway. I'd rather my probation officers not have to deal with this guy so I'm trying to find a way. I know he could just take probation and then cuss out the Judge again and get revoked, but I'd rather not go that route.
 
Posts: 39 | Location: Crockett,Texas | Registered: April 02, 2007Reply With QuoteReport This Post
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You could give him a year in the county jail under section 12.44(a), PC (felony conviction but Class A misdemeanor punishment range). See Chapter 3, Plea Bargaining, in The Perfect Plea (TDCAA 2010 Edition), pages 43-44, including Table 3-3.
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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Will he stipulate to "with intent to deliver?" Still a SJF, but not a mandatory probation.
 
Posts: 261 | Location: Lampasas, Texas, USA | Registered: November 29, 2007Reply With QuoteReport This Post
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