Legal Question in Criminal Law in Texas

I have a friend that's on deferred adjudication she had a misdemeanor trespass charge they're trying to violate her can she still file for a 1244a

Asked on 9/25/19, 2:53 pm

1 Answer from Attorneys

Wes Ball Wes Ball Law

As you note, trespass is a misdemeanor. Section 12.44(a) is a provision of the Texas Penal Code where someone charged with a felony is sentenced with misdemeanor punishment. There would be no applicability of 12.44 to a charge that starts as a misdemeanor. Also, the phrase, "they are trying to violate her" is likely incorrect. They are likely alleging that she violated a condition of her deferred probation. If they can prove that "she violated" a term of probation, the Judge can revoke her probation and sentence her anywhere within the misdemeanor punishment range for that offense.

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Answered on 9/25/19, 3:21 pm

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