November 21, 2013, 16:01
CHeinenWhat charge?
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?
November 22, 2013, 08:40
James38.113 and 1.07 (14) Makes it a state jail felony.
November 22, 2013, 08:51
JohnRHopefully, the honorable trial judge learned a lesson here...
November 22, 2013, 11:19
JBBetter 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.
November 22, 2013, 11:55
C WildeEscape 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.