sentencing

11.07 Writ of Habeas Corpus and Effective Legal Challenges to Texas Open Pleas

April 10, 2020 | By Pullan & Young

In a previous post I discussed Open Pleas to judges in Texas.

In this post I want to explore how inmates can attempt to challenge their open pleas as involuntary by using the article 11.07 writ of habeas corpus, and what hurdles they face.

This post is for general research and interest only and should not be considered legal advice. As always, the specific facts of your case matter more than anything else. Please consult with an experienced post conviction attorney if you or a loved one are considering legal action.

Section 12.44(a) and (b) for Dummies

January 18, 2017 | By Pullan & Young

For accused persons facing prosecution for certain low-level felony offenses, Texas Penal Code Section 12.44 is like the Holy Grail of plea deals. Clients continuously ask “what is a 12.44(a)” . . . “can I get a 12.44(a)” . . . and “how does 12.44(a) work?” They ask the same questions about Section 12.44(b).

So here’s the basics (and as always, if you have a particular legal question about YOUR CASE, talk to your lawyer . . . this post is for general info and should not be considered legal advice):

Section 12.44 of the Penal Code allows the trial court to either send you to your local county jail to serve time on a State Jail Felony Conviction (that’s Section 12.44(a)), or, with permission from the prosecutor, reduce your State Jail felony case to a misdemeanor conviction and have you serve your time in a county jail facility (that’s Section 12.44(b)).

Can a judge stack my sentence?

September 30, 2016 | By Pullan & Young

Our firm regularly helps clients facing multiple charges. Sometimes these cases stem from a single incident, like a person who allegedly drives while intoxicated and evades the police all in the same night. Sometimes a person may get arrested for several unrelated charges. One example of this would be a person whose ex-wife presses charges for an assault. The husband then gets arrested a few months later for possession of a controlled substance. Although the cases are completely unrelated, he will have to make legal decisions about both cases at the same time.

For people who don’t have a long history with the criminal justice system, a prison sentence can usually be avoided (depending on the severity of the accusations), and a person can usually expect to get the “extra” or less-serious charge dropped when facing multiple charges arising from the same incident.

But those with a substantial criminal history or facing extremely serious charges may have to deal with a prosecutor who threatens to “stack” an accused person’s sentences for prison time.