Legal Question in Criminal Law in Texas

unjustified sentencing

I was arrested for having 0.5 lbs marijuana on me, 1st offense ever. The court-appointed lawyer convinced me to make a deal, I would get maybe 2 years probation. The judge gave my 8 years of probation for possession (no intend to distribute). This happened about 15 months ago. After speaking with more people about it, I think that the sentence was to high and not justified. Can I still appeal? I was 21 at the time of sentencing and I had no prior record; I was also very scared to go to jail and agreed to whatever I was told. Thank you for your advise


Asked on 4/26/09, 11:23 pm

2 Answers from Attorneys
Lee McMillian Law Offices of Lee MCMillian

Re: unjustified sentencing

Although your sentence does seem pretty high for some areas of Texas, it is low for others. Usually, the plea papers include a waiver of appeal, so it is likely that you have waived your appeal, and, frankly, on the minimal facts you provide, it does not sound as if you have the basis for one, even if you have not waived it.

The good news: on an eight year suspended sentence, you will be eligible for early release in a few more months! Things you can do to encourage the court to release you early: Pay all your fines, court costs, restitution and probation costs in advance, finish your community service early, complete any drug abuse education or other requirements early. Establish a relationship of trust and cooperation with your probation officer. Let him/her know you are taking your probation seriously. Once you have a history of (enthusiastically)accomplishing all your assigned probationary tasks, and the county you are in has no further money or service to gain from you, if you are not creating a problem for your probation officer, they have no further motivation to keep you on probation.

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Answered on 4/27/09, 9:27 am
Lee McMillian Law Offices of Lee MCMillian

Re: unjustified sentencing

Although your sentence does seem pretty high for some areas of Texas, it is low for others. Usually, the plea papers include a waiver of appeal, so it is likely that you have waived your appeal, and, frankly, on the minimal facts you provide, it does not sound as if you have the basis for one, even if you have not waived it.

The good news: on an eight year suspended sentence, you will be eligible for early release in a few more months! Things you can do to encourage the court to release you early: Pay all your fines, court costs, restitution and probation costs in advance, finish your community service early, complete any drug abuse education or other requirements early. Establish a relationship of trust and cooperation with your probation officer. Let him/her know you are taking your probation seriously. Once you have a history of (enthusiastically)accomplishing all your assigned probationary tasks, and the county you are in has no further money or service to gain from you, if you are not creating a problem for your probation officer, they have no further motivation to keep you on probation.

Read more
Answered on 4/27/09, 9:28 am


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