Thursday, March 14, 2013

When a Texas Section 12.44(a) Might be Applicable to Your Particular Circumstances

Those who have spent any time at all in a Texas criminal courthouse will no doubt be familiar with Section 12.44(a) of the Texas Code of Criminal Procedure. This particular Section allows a judge, after finding a defendant guilty of a state jail felony, to minimize the punishment to equal that of a Class A Misdemeanor. In many cases, those people who commit a crime ask their attorney to petition for a 12.44(a) because it allows them to do their time in county jail where they are more likely to be able to be close to their family.Further, when the 12.44(a) is implemented, the offender will receive two days of credit for each day served in the County Jail rather than the “day for day” credit.

The 12.44(a) is unavailable to any defendant who is charged with a Second-Degree Felony or who has received deferred adjudication for a Second-Degree Felony. For a defendant to meet the specific requirements of the 12.44(a), the court will weigh the circumstances surrounding the felony committed as well as the seriousness of the crime. The past criminal history of the defendant will be a factor in the decision as will an evaluation of the offender’s character and consideration of any particular rehabilitative needs.  Under certain circumstances the court can request the state prosecutor to specifically prosecute a state jail felony misdemeanor as a Class A misdemeanor.

Remember, although this method of “dialing down” a felony to a misdemeanor exists, that does not mean it is available for every defendant. Many of those who commit a crime and are in jail will hear about the 12.44(a) from those sharing a jail cell and assume that all they must do is make a request in order to have the law applied to them, letting them off the hook, so to speak, with minimal punishment. Other defendants will deliberately delay action to pay imposed fees and fines as they wait for an expected reduction in sentencing. Anyone convicted of a state jail felony should not assume they will be eligible for a 12.44(a), rather they should speak with a knowledgeable legal professional in order to make a determination of the options in their specific case.

Print
0 Comments
Please login or register to post comments.

WARNING: Do not send any information in any email through this website if you consider the information confidential or privileged.

I understand that by submitting my contact information to Sullo & Sullo LLP for review, I consent to messages regarding this legal matter as well as marketing for other potential legal matters in the future without limitation at standard messaging and data rates unless terminated by me in writing. I further understand that my submission of any and all information in response to this website does NOT create a lawyer-client relationship between myself and Sullo & Sullo, LLP and/or its lawyers, and that any and all information submitted is NOT confidential or privileged. I further acknowledge that, unless Sullo & Sullo, LLP subsequently enters into an Attorney-Client relationship with me, any and all information I provide will NOT be treated as confidential or privileged, and any such information may be used against me and/or for the benefit of current or future clients of Sullo & Sullo, LLP. ...READ ENTIRE DISCLAIMER
Receive an Immediate Response
ANDREW SULLO IS A TOP 100 NATIONAL TRIAL LAWYER 2013 • 2014 • 2015 • 2016 • 2017 • 2018 • 2019
Obtener una Respuesta Inmediata
Andrew Sullo – 100 Mejores Abogados Nacional | 2013 • 2014 • 2015 • 2016 • 2017


4.6/5.0

STARS ON YELP
WITH OVER 400 REVIEWS*

*AS OF 2024



Andrew Sullo has been named a

TOP 100 NATIONAL TRIAL LAWYER*
2013-2024

*BY THE NATIONAL TRIAL LAWYERS

 

CALL NOW FOR A FREE LEGAL CONSULTATION
(800) 730-7607
CALL NOW FOR A FREE LEGAL CONSULTATION (713) 839-9026 CALL NOW FOR A FREE LEGAL CONSULTATION (713) 335-9485


Andrew Sullo is a recipient of the

AVVO CLIENT'S CHOICE AWARD*
2016, 2017, 2019-2024

*GIVEN BY AVVO


Justice

Andrew Sullo is a Member of the

AMERICAN ASSOCIATION OF JUSTICE
2013-2024

*GRANTED BY THE AAJ

 

IF YOU OR A LOVED ONE WERE SERIOUSLY INJURED DUE TO THE NEGLIGENCE OF ANOTHER, CONTACT SULLO & SULLO IMMEDIATELY.
CALL NOW
(800) 730-7607
CALL NOW
(713) 839-9026
CALL NOW
(713) 335-9485

GET LEGAL HELP