Legal Question in Criminal Law in Texas
form 1244-a
My husband is currently incarcerated on a probation violation as a State Jail felony. They offered 180 days state jail time. How would we file a motion of 1244-A {REQUEST FOR REDUCTION OF STATE JAiL FELONY PUNISHMENT TO A MISDEMEANOR PUNISHMENT UN TEXAS PENAL CODE 1244-A} Do we have the right to file it? Will it help to send letters to the judge for character reference even though we are going to plea the case out.
1 Answer from Attorneys
Re: form 1244-a
It is too late for a 1244A Motion, since he has all ready been on probation for an offense. The 1244A could have possibly been filed in the very beginning before he got the probation orginally. If he is going to take the plea bargain then no it probably will not matter that you write letters to the Judge. If it were me, I would talk to his attorney to see if there is anything that can be done, although 180 days on revocation of probation is the minimum time on a State Jail Felony.
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