Q: Can a lawyer request a 1244A from a judge or does it have to be offered to them?
A: Yes, a lawyer can request a the Court to sentence the defendant pursuant to Sec. 12.44 (a). And while the law allows the Court to do so on its own motion, I have never seen a court sentence a defendant under 12.44(a) without first being requested to do so by the defendant's attorney.
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A:
The statute you ask about allows someone to be sentenced as a Class A misdemeanor (180 days), although they have been found guilty of a State jail Felony. You will still be a "convicted Felon." That's because only the sentencing
(punishment), aspect of the law is reduced.
Technically, the District Attorney must offer the reduced sentence pursuant to section 12.44. Then the judge must also allow the reduced sentence to be applied. All of this permission is usually discussed and decided in a conference between all the parties. If the defendant has a short or no criminal history, the DA and the judge usually agree to allow the shorter sentence.
Good Luck!
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