TDCAA Community
Mandatory Probation when Defendant wants jail time

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/4547076806

November 06, 2012, 13:15
K Massey
Mandatory Probation when Defendant wants jail time
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.
November 06, 2012, 14:43
JB
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.
November 06, 2012, 22:53
John Greenwood
Will he stipulate to "with intent to deliver?" Still a SJF, but not a mandatory probation.