Legal Question in Criminal Law in Texas

My son is in the county jail for poss of control substance. The public defender wants him to plea guilty to get 6 mon in state jail. He has a previous drug charge and put on probation in another state. We are not sure if he was released on that probation. Someone mentioned form 1244A and 1244B. What are these forms? He thought she could get him on probation but now she wants him to do state jail. If he is still on probation in the other state and he does get jail in Texas, what could happen when he gets out?


Asked on 5/17/10, 5:18 pm

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

Before he pleads to anything, your or the lawyer needs to figure out the status of his probation in the other state. If he is still on probation, he may be looking at a revocation in that other state, so a plea on a case in Texas could have severe consequences on his out of state situation. If he pleads while still on probation, he would likely get extradited back to the other state after completing his 6 months in state jail here to face the consequences in the other state. It is imperative to figure out what the status of his out of state case is.

1244 is basically a provision of Texas law which allows someone to serve county time in the county jail on a state jail felony case rather than having to go to state jail. It is not a form. This is something that your son's lawyer should be able to take care of if it is an option.

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Answered on 5/22/10, 5:48 pm


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