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Texas Penal Code 12.44 (B) So, the prosecutor can request (through plea bargain or at sentencing) that the judge reduce a State Jail Felony to a Class A Misdemeanor. While 12.44 (b) has the same two possible sentences, it does not result in a felony conviction. A conviction under 12.44 (b) is a misdemeanor conviction.
The prosecutor must agree to the reduction, either through plea bargain or at sentencing, and request that the judge reduce a state jail felony to a Class A misdemeanor. Important: This keeps a felony conviction off your record.
In a plea bargain, the prosecutor must agree to offer 12.44(a) AND the judge must also agree to accept the plea bargain with 12.44(a) included. This doesnt happen often for a variety of reasons. If you have prior possession charges or a criminal history 12.44(a) is not likely to be offered.
Your attorney, or you, if you are acting as your attorney, may ask the judge who is hearing your case to appoint a Guardian Ad Litem. After looking at the issues involved in a case, a judge may appoint a Guardian Ad Litem to investigate the childs current situation.
What 12.44a means is that instead of giving you the punishment of a State Jail Felony (180 days-2 years), they will instead give you a punishment of a Class A misdemeanor which is maximum 1 year of jail.
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In short, 12.44(a) means misdemeanor punishment but felony conviction. The main advantage of 12.44(a) is that it can reduce a jail sentence but would still lead to a permanent felony conviction that can never be expunged or sealed.
While 12.44(b) has the same two possible sentences as 12.44(a), it does not result in a felony conviction. A conviction under 12.44(b) is a misdemeanor conviction, which makes it very appealing to defendants. An offense that is prosecuted under 12.44(b) also cannot later be used to enhance other felony offenses.
A 12.44(a) or a 12.44(b) comes from the Texas Penal Code. Texas Penal Code section 12.44(a) typically gets a defendant time served in the county jail for a state-jail felony. It does carry with it a felony conviction. Texas Penal Code section 12.44(b) is a conversion statute.

how to request a 1244a in texas