austindefender

Criminal defense in Austin Texas.

What is a 12.44(a)?

| December 10, 2008

A 12.44(a) is a felony conviction, but with misdemeanor punishment. It’s named after section 12.44 of the Texas Penal Code: 12.44. REDUCTION OF STATE JAIL FELONY PUNISHMENT TO MISDEMEANOR PUNISHMENT. (a) A court may punish a defendant who is convicted of a state jail felony by imposing the confinement permissible as punishment for a Class […]

Ridiculous, Unsustainable Bubbles, and The Uptick Rule

| December 9, 2008

The Wall Street Journal today has the kind of article that always makes me a little crazy. Charles R. Schwab argues that it’s short sellers who’re responsible for falling prices, and something called the “uptick rule” is needed to make them go away, so that stocks can go up again. I think he’s wrong on […]

Do you need a lawyer to get out of jail?

| December 9, 2008

No. Many people will qualify for a personal bond without a lawyer.  Others will need a bail bondsman, whether they hire a lawyer or not. It’s the broad middle ground that benefits from a lawyer the most. The cases where people benefit from having a lawyer include the times when there’s a problem with the […]

Bonds, part 2. Personal, surety, cash, and cash deposit.

| December 4, 2008

Earlier I said a personal bond is the cheapest way to get out of jail. So what is a personal bond exactly? A personal bond is a promise by you, the accused, to show up to court each and every time you’re supposed to.  You don’t have to put any money down, or hire a […]

More on the Stupid Retarded Lori Drew Case

| December 3, 2008

I’m going to quote the entire post of a fellow by the name of Orin Kerr, on a site called The Volokh Conspiracy. It’s probably a violation of some Federal law, but I’ll cross my fingers. New Terms of Use for the Volokh Conspiracy: In light of the verdict in the Lori Drew case, I […]

Bonds. What they are and how they work. Subtitle: Getting out of jail in Travis County.

| December 3, 2008

Bonds are confusing, partly because there are several different kinds, partly because of the terminology (a “bond” can be either an amount of money set by a judge, or a paper signed by a judge, allowing you to get out), and partly because it’s not always in everybody’s interests to explain things clearly. The first […]