Legal Question in Criminal Law in Texas

Too Late for 1244A?

My brother plead guilty to a state felony (del. marihuana) and a jury sentenced him to the max 24 months. He now wants to file a 1244-A (it--name removed--been a month after the trial) but everything I've read makes it seem like a pretrial agreement and there are no forms involved. Is it too late for him or does he have any option? I asked his lawyer (PD) and she said she didn't know anything about it and for him to ask the jail to do it???


Asked on 5/13/09, 4:34 pm

1 Answer from Attorneys
Robert Tuthill Law Office of Robert H. Tuthill

Re: Too Late for 1244A?

In practice, I have never seen 12.44 used after a trial has ended. You have a jury verdict stating the punishment. No judge is going to try and set that aside.

The time to have used 12.44 would have been during plea negotiations or in going to the judge for punishment after a guilty verdict.

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Answered on 5/13/09, 4:55 pm


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