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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 32327
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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I was trying to figure out if my son who has severed 3

Customer Question

I was trying to figure out if my son who has severed 3 months already for three felony charges for less than a gram of mariugna. Penalty group two. Is.eligible fir a 1244(a( or a 1244(b)
JA: You're dealing with a tough issue. But don't worry -- you're in good hands. Because laws vary from state to state, could you tell me what state is this in?
Customer: H
JA: Have you consulted a lawyer yet?
Customer: I aooligize he is charged with two possession of a cintrilled substance less than a gram and charged with a passion of marijuana 4 ounces to five ppoundsin the state of Texas which are all state jail felony's
JA: Is there anything else the Criminal Lawyer should be aware of?
Customer: He was already on probation fir pissasion of a countrolked substance less than a gram. Now there is a motion tie revoke probation.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Criminal Law
Customer: replied 5 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 5 months ago.
I need more information please.
Customer: replied 5 months ago.
I signed up for the free trial period
Expert:  Dwayne B. replied 5 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Is he eligible? Yes. The statute simply says:

Sec. 12.44. REDUCTION OF STATE JAIL FELONY PUNISHMENT TO MISDEMEANOR PUNISHMENT. (a) A court may punish a defendant who is convicted of a state jail felony by imposing the confinement permissible as punishment for a Class A misdemeanor if, after considering the gravity and circumstances of the felony committed and the history, character, and rehabilitative needs of the defendant, the court finds that such punishment would best serve the ends of justice.

(b) At the request of the prosecuting attorney, the court may authorize the prosecuting attorney to prosecute a state jail felony as a Class A misdemeanor.

However, if he was already on probate for the same type of crime then it is unlikely the DA will agree to allow this unless he is afraid he can't win the case.

He will have a better chance of getting this offered if he has his own lawyer, as opposed to a court appointed one, who does a lot of trials and can do discovery in this case and find the weak points.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit from the website for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and you can come back to it anytime in the future if you think of something else.