Criminal Law Questions? Ask a Criminal Lawyer.
My name is***** have been an attorney for 26 years. I will help you with your questions today. I need to ask a few questions to clarify what you are asking.
I need to know what county in Texas you are in so that I can determine what you need to do?
Without know what county you are in, I am only able to give you general information about Texas and diversion court that should be supervising your son's case. What you need to do is go back to the court that sentenced your son for the DWI. In Texas, people with DWI's are put into DWI Diversion Courts. The whole idea behind these courts is to change behavior (not to punish). The court is designed to lead a team to help evaluate and provide appropriate treatment first in jail and then in the community. I don’t know if that reality is working where you are. A motion would have to be made under pursuant to Art. 42.12 C.C.P., Section 18 and 20(a). Have your attorney look at this law and Cuellar v. State, 70 S.W.3d 815(Tex. Crim. App. 2002). In this case the highest court in Texas asserts the relief of “judicial clemency” under Art. 42.12, Section 20. This law gives the trial court discretion to grant clemency if someone has successfully completed terms of probation. Trials courts supervising
Cuellar v. State (70 S.W.3d 815 (Tex. Crim. App. 2002), the Texas Court of Criminal Appeals (the state’s highest court on criminal issues) coined the term “judicial clemency” for that legal relief/remedy/benefit in Article 42.12, § 20(a). The Court clarified that judicial clemency is a discretionary measure that a trial court may grant an offender who successfully completed his probation/community supervision if the “trial judge believes” the offender “is completely rehabilitated and is ready to re-take his place as a law-abiding member of society.”. In other words, judicial clemency is granted based on the offender’s showing of reform or rehabilitation. Take a look at the ISF Manual, page 4, 5, 6 and Appendix B. A court order is needed to get your son released to Outpatient care.
I hope this is helpful. Please reach out if you have any further questions. If you are satisfied with my answer, I ask that you rate my service. I wish your son continued health and success. Good luck to your family.
https://www.tdcj.state.tx.us/documents/ISF_Policies_and_Procedures.pdf I forgot to attach this. Good luck!