austindefender

Criminal defense in Austin Texas.

What is a §12.45?

Posted By on January 15, 2009

What is a §12.45?

Explaining exactly what a 12.45 is has been one of the more difficult things I’ve tried to do as a lawyer. I can quote the statute, and I can tell you what it’s not. It’s not a conviction, or an acquittal, or a dismissal.

What it is, really, is a compromise. It’s a way for the state to get rid of a case without having to dismiss it, and for the defendant to get rid of it without having to do anything extra. In other words, no additional fines, court costs, probation, or jail time.

Here’s the statute, from the Texas Penal Code:

Sec. 12.45. ADMISSION OF UNADJUDICATED OFFENSE. (a) A person may, with the consent of the attorney for the state, admit during the sentencing hearing his guilt of one or more unadjudicated offenses and request the court to take each into account in determining sentence for the offense or offenses of which he stands adjudged guilty.

(b) Before a court may take into account an admitted offense over which exclusive venue lies in another county or district, the court must obtain permission from the prosecuting attorney with jurisdiction over the offense.

(c) If a court lawfully takes into account an admitted offense, prosecution is barred for that offense.

If anyone can tell me a better way of explaining what it is, let me know.


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