Legal Question in Criminal Law in Texas

Felony

I am a first time offender for a PCS charge. Baggie with .01 ml. coke. My brother told me to ask for a 1244 A. 2 lawyers told me to get a 1244 B. Which is the best?


Asked on 3/30/09, 9:56 pm

2 Answers from Attorneys
Edgardo Baez The Baez Law Firm, P.C.

Re: Felony

Get yourself a lawyer that knows which one

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Answered on 3/31/09, 4:28 pm
Bob Leonard Bob Leonard Law Group, PLLC

Re: Felony

The second is accurate. Under subsection (a), the PUNISHMENT is as if it were a Class A misdemeanor, but it is still a felony. Under (b), if the prosecutor requests, the state jail felony is prosecuted as a Class A misdemeanor.

So, if the court AND the prosecutor agree, there will be a Class A prosecution and not a felony prosecution.

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Answered on 3/31/09, 4:29 pm


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