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Questions Answered by Tracy McNeill Pullan
1 Answer | Asked in Criminal Law for Texas on
Q: I have neck surgery scheduled for november 2nd 2021. Can a judge sentence me to state jail for my probation violation.

Im on 2 yr deferred probation . I violated by failing drug tests.

Tracy McNeill Pullan
Tracy McNeill Pullan
answered on Oct 25, 2021

If you are on a 2 year deferred for a State Jail Felony the judge can sentence you anywhere in the range of punishment. The range for a State Jail Felony is from 180 days - 2 years in a State Jail facility.

There are a lot of other potential options that can be negotiated with a...
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2 Answers | Asked in Criminal Law and Federal Crimes for Texas on
Q: If someone is unconscious can they be criminally charged for assault?

This person was tazed during an arrest and was unconscious the officer called EMS to preform a sternum rub. While EMS worker was performing the sternum rub the person unconscious unintentionally head butted the EMS worker. The person that was tazed only remembered getting pulled over then tazed the... View More

Tracy McNeill Pullan
Tracy McNeill Pullan
answered on Dec 19, 2019

The law requires the State to prove that the person charged "intentionally, knowingly, or recklessly causes bodily injury to another..." Based on what you have presented - it sounds like the State may have a difficult task of proving the required mens rea. This does not mean the the... View More

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3 Answers | Asked in Civil Litigation, Criminal Law, Domestic Violence and Mergers & Acquisitions for Texas on
Q: Court ordered drug test at probation office

What are they for ....

How can results be shared

Tracy McNeill Pullan
Tracy McNeill Pullan
answered on Oct 16, 2019

They are used to make sure you are following the conditions of release or conditions of probation. There are two possibilities here:

First, if you have a pending charge the court can place any reasonable conditions on you while you are out on bond. The court can order drug tests and if...
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