Legal Question in Criminal Law in Texas
I was sentenced to a drug rehab program and am currently waiting in jail for a spot to open up for me. I have told it could be as long as 8 months and I am not getting credit for time served. I want to ask the judge to reconsider my sentence and just let me do the time whatevver it is? How do I go about doing this? Thanks
1 Answer from Attorneys
You can file a motion to reduce sentence, or a motion for new trial if thirty days have not gone by.
You can also appeal if 30 days have no gone by. However, if you pled guilty the judge would have to give you permission to appeal.
A lot of times you do wind up doing more time with a drug rehabilitation program than you would with a TDC sentence, that is prison, because of the wait. And then you are often still on probation when you are released.
If this was a plea bargain, and thirty days have not gone by, I think it is a fair argument that you can make to the judge who sentenced you that you were unaware that you would be in jail this length of time; and that your plea was therefore not knowing and voluntary. You can do this in the motion for new trial.
I would advise that I did not research this response, and I always advise clients to obtain a second opinion.
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