• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Excessive Sentence?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

abuseofpower

Junior Member
What is the name of your state (only U.S. law)? Texas
Two years ago I wrote a hot check for $33. Shortly after that my family and I moved to another county. Not knowing or realizing there was a check. Earlier this year another infraction with the law, bit me in the butt. This charge was approximately 7 years old and I think we fought it for the whole 7 years. It is completely unrelated to the check and is not even a similar crime. I was finally sentenced to the first charge which was a class A misdemeanor. During this time, i found out that I had a warrant for the check and had to bond out...$5,000 bond. Definately excessive for a $33 check. I bonded out after my sentence for the first charge and had the arraignment last week. I plead guilty and was sentenced to 10 days in county jail with a $396 fine and court cost. This is after restitution was made on the check. I still cant believe all of this. I am not a criminal and dont even have a speeding ticket. The state in which all of this occurs is Texas. I have done some research and found out that I could have gotten 18 months. Is there anyway of getting the judges ruling overturned? and what is the first step in the process for that? Also, can I get it as time served since there was a warrant when I was incarcerated for the first charge? The sentence is obviously excessive and an abuse of power, can I do anything at all?
I have been ordered to show back up on christmas eve at 6 pm to serve my jail time. So time is not on our side, but if I cant get out of it, and still pursue a complaint against the county, then I will do that. Please let me know the best way to deal with this. No jail time, being the best, and filing a formal complaint being next to the best. thanks.
 


JETX

Senior Member
Is there anyway of getting the judges ruling overturned?
Only if there were some type of judicial misconduct or error.

and what is the first step in the process for that?
Get an attorney.

Also, can I get it as time served since there was a warrant when I was incarcerated for the first charge?
That should have been presented at the hearing and the court could have considered it.

The sentence is obviously excessive and an abuse of power, can I do anything at all?
Of course, that is not true. As long as the sentencing complies with the minimum/maximums allowed by statute for the charges filed, it is NOT 'excessive' or an 'abuse of power'.

Where was YOUR attorney during all of this??
 

racer72

Senior Member
OP, is your name Paris Hilton or are you that clueless to the legal ramifications of breaking the law?
 

cyjeff

Senior Member
OP, is your name Paris Hilton or are you that clueless to the legal ramifications of breaking the law?
Be nice, now. After all, the OP isn't a criminal. Granted, he has served time on not one but two charges, but he isn't a criminal!

But look on the bright side, in Saudi Arabia they just would have cut off a hand!
 

CavemanLawyer

Senior Member
The amount of the check just determines the level of offense and the corresponding range of punishment. This amount makes it a class B misdemeanor so you could have gotten anything from 6 months in jail or a $2000 fine. You are being punished for the act of committing theft so even if the restitution is paid you can and should still expect some punishment beyond this, hence the fine and jail time. It is within the range of punishment and you apparently plead guilty and accepted this punishment. You cannot challenge it now absent some error in the proceedings and you surely cannot file a complaint against the county. Complaint for what?

As for the bond being excessive... are you joking? It took them 7 years to find you. Whether you knew they were looking for you or not, you obviously pose a justifiable flight risk from their point of view. On a bond of $5000 you only have to pay $500 to a bondsman anyway and if pretrial is authorized you'd only pay $150.

If you were incarcerated elsewhere and this county actually placed a hold on you, then you should get credit for that time served elsewhere. Realize that just because the warrant was out that doesn't mean they had a hold on you. If they did have a hold than you'd either have been bench warranted to that jail or you'd have bonded out from that other jail. If either of these happened than you could have asked for that jail credit at the time of your plea. It may be too late now but if it has not been 30 days since you plead than you can request a nunc pro tunc to add in the jail credit.
 

abuseofpower

Junior Member
OP, is your name Paris Hilton or are you that clueless to the legal ramifications of breaking the law?
Thanks for your candid response. I never claimed to be the expert, that is why I am here asking for legal advice. You, however, seem to have all of the answers. I completely and fully understand the meaning of breaking the law and the consequences that come with it. I do not however, understand a society that is ok with wasting tax dollars on such a minor issue with no previous history or record pertaining to the offense in question. I do believe in locking up individuals that don't learn from their mistakes and continue to break the law. Incarcerating these individuals is what I dont mind spending my tax dollars on. Many people with checking accounts bounce a check from time to time, that does not make them a criminal. It makes them human, or really bad at math. Regardless of the response to my inquiry that you have posted, I will continue to look into the matter. I desperately believe it is a misuse of the justice system. Again, thanks for your response.
 

CavemanLawyer

Senior Member
The way theft by check works is that the person/business you bounced the check to has to prove that they sent notice of their payment request to whatever address you had on your check, and they have to send this notice within so many days of the check bouncing and then wait so many days before filing the complaint. Since you are responsible for giving them a correct address, and responsible for your own accounts, if the person/business follows the statutory notice requirement than it creates a presumption that you intentionally bounced the check. So that is why this is treated as more than just a bounced check, it is treated as theft.

You had a right to challenge the State's evidence and force them to prove that you were guilty. If you accepted their plea offer then you can't legally complain about receiving a sentence within the range of punishment.

As for misuse of your tax dollars, the "hot check fund" for better or worse is a moneymaker for the DA's office and for the county. You'll notice that when you paid back the amount of the check there was also an additional fee. These fees go to the hot check fund which is authorized by the legislature to be used for all sorts of funding within the DA's office and within the County.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top