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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118774
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am on probation class a misdemeanor,in June I went before

Customer Question

I am on probation for a class a misdemeanor,in June I went before the judge on an mtr hearing he ordered me to do 120 days and extended probation. According to Texas code of criminal procedure chapter 42.12 sec12 the most time a defendant can be given as a condition of probation for a misdemeanor is 30days. Not only did he violate procedures but since it was a sanction I don't even get credit for it if I did I'd have my sentence served . Can I sue for due dills end how do I go about getting him to terminate me for time served
Submitted: 2 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 years ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You cannot sue a judge in Texas, they have what is called statutory immunity for any actions taken in the performance of their job. So, the proper means of appealing this is filing a motion for post conviction relief and ask the court to vacate the sentence and modify it to a proper sentence. If the court refuses to do so, then you have to file a notice of appeal and file your appeal to the court of appeals and present your evidence above of the sentence violating the code and ask the court of appeals to vacate the sentence and send it back to the lower court for proper sentencing.