Legal Question in Criminal Law in Texas
Excessive Sentence?
Two years ago I wrote a hot check for $33. Shortly after that my family and I moved to another county. Not knowing or realizing there was a check. Earlier this year another infraction with the law, bit me in the butt. This charge was approximately 7 years old and I think we fought it for the whole 7 years. It is completely unrelated to the check and is not even a similar crime. I was finally sentenced to the first charge which was a class A misdemeanor. During this time, i found out that I had a warrant for the check and had to bond out...$5,000 bond. Definately excessive for a $33 check. I bonded out after my sentence for the first charge and had the arraignment last week. I plead guilty and was sentenced to 10 days in county jail with a $396 fine and court cost. This is after restitution was made on the check. I still cant believe all of this. I am not a criminal and dont even have a speeding ticket. The state in which all of this occurs is Texas. I have done some research and found out that I could have gotten 18 months. Is there anyway of getting the judges ruling overturned? and what is the first step in the process for that? Also, can I get it as time served since there was a warrant when I was incarcerated for the first
1 Answer from Attorneys
Re: Excessive Sentence?
Surely you have an attorney, since you have been fighting the first charge for 7 years. Logically, this attorney would be handling both charges. I am not clear as to why you want to trade 18 months for 10 days. Since you have plead guilty your options are limited. In fact you may have waived your right to appeal. In any event, the clock is running, and if there are any options, they expire 30 days from your plea. Only an attorney with full knowledge of all of the facts would be able to accurately advise you.
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