Legal Question in Civil Rights Law in Texas

In a Civil Case involving Contempt Of Court, the prosecuting attorney was allowed to write the sentencing disposition and the judge signed off on it. The sentencing commitment was suspended and probation was ordered. The original sentence was for five years incarceration and the probation department accepted the case and my term of community supervision was for a period of one year, to which the judge agreed to and signed. Now that the term is nearly complete, the probation officer who is handling this, was trying to get it finalized. The prosecuting attorney, when questioned about release form probation, said that it was supposed to be for a term of five years and the probation officer is confused. I am extremely concerned in that this seems quite unconstitutional to have one order signed and then to claim that it was meant to be another way instead. Originally, the judge told the probation officer that he didn't even realize that he had placed me on probation for Civil Contempt. Sounds like a "blanket sign-off" that was just pushed through without even reading (on the judge's part) the paperwork. Where do I stand in this and can it be changed to be what the prosecuting attorney is suggesting it should have been ? Or does the term of probation that the judge signed stand ?


Asked on 12/18/11, 10:22 am

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

The written order is what everybody has to live with, regardless of what the prosecuting attorney wants. The Judge no longer has the jurisdiction or authority to change it; it's a final order, and can't be appealed. Stick to your guns.

Read more
Answered on 12/20/11, 6:10 am


Related Questions & Answers

More Civil Rights Law questions and answers in Texas