San Antonio Post Conviction Attorney - Texas Sentencing, Parole and Probation Lawyer
Contact Ray Taylor at (210) 807-9916 to arrange a free initial in-office consultation and case analysis. Remember, the key to successful representation is the earliest possible intervention. Ask for a lawyer immediately and then remain silent.
A conviction is not the end of the matter!
Even if you are convicted of or have pled guilty to a crime, having a skilled and experienced attorney at your side during postconviction proceedings can make a huge difference. At the San Antonio law firm, the Law Offices of Ray Taylor & Associates, P.C, we represent people in all types of postconviction matters.
A San Antonio post conviction lawyer with experience, skill and knowledge
As a criminal attorney practicing law for nearly 40 years, Ray Taylor has in-depth knowledge of sentencing and sentencing alternatives. He understands the operations of the Board of Pardons and Paroles. He is willing to handle the penalty phase of a criminal trial in search of the best possible result for a client. We represent clients at sentencing hearings, motions to revoke probation, and others postconviction matters, such as appeals, writs of habeas corpus, and motions for shock probation. Some of the postconviction matters handled by Ray Taylor include:
- Parole representation before the Board of Pardons and Paroles
- Sentencing hearings, including after a guilty plea
- Shock probation (release from prison before serving six months - an attorney must enter the case as soon as possible after sentencing in order to put together a proper case for shock probation)
- Motions to revoke probation - we defend these cases regularly
- Parole revocation hearings
- Writs of habeas corpus - the only way to challenge a sentence once it has become final. It is critical to have a knowledgeable lawyer to make the most of your one opportunity to file a writ
- Early termination of probation
- Writs concerning ineffective assistance of council
- Writs concerning police or prosecutorial misconduct
Texas State Sentencing
No state in the union has more disparity (variability) in sentencing than does Texas. One defendant may receive life in prison, while another gets as little as 5 years probation for the very same crime.
State Court Sentencing
Texas sentencing schedules are:
- Capital Crime - Death, or life in prison
- 1st Degree Felony - 5 to 99 years in prison, or life - or as little as 5 years probation
- 2nd Degree Felony - 2 - 20 years in prison, and a fine - or as little as 2 years probation
- 3rd Degree Felony - 2 to 10 years and a fine - or as little as 2 years probation
- State Jail Felony - Up to 2 years in prison- or as little as one year's probation
- Class A Misdemeanor - up to 1 year in jail - and a fine, or as little as a few days probation
- Class B Misdemeanor - up to 6 months in jail and a fine - or as little a few days probation
- Class C Misdemeanor- a fine only (but sometimes with serious consequences to employment, etc.)
Texas Sentencing Law is also complicated by the fact that only the jury and not the judge, may give probation for many offenses.
- If an inexperienced defense lawyer makes a mistake, the client may find himself ineligible for probation.
- The use of a firearm or other deadly weapon may also render it impossible for a judge to grant probation, but a jury may grant probation. Texas sentencing is too complicated for the space here. There is a very thick law book covering nothing but Texas sentencing!
- Suffice it to say a defendant hoping to avoid prison needs an experienced attorney - one not likely to make a mistake.
- Our firm uses an experienced team of psychologists, former probation officers, and others to present the best possible case for the mildest possible sentence.
In November 1987, a new federal sentencing law went into effect. It set out a complicated series of formulas to give a narrow but severe range of sentences for almost all crimes: the so called "sentencing guidelines."
- Probation was almost never available under the guidelines.
- In 2004, the U.S. Supreme Court declared the sentencing law of 1987 to be merely advisory, and not mandatory.
- As in the days before 1987, the critical importance of skilled advocacy in Federal Sentencing has returned. But never has it been more complex, and so fraught with danger for the inexperienced.
- One must still do all he can to work the sentencing formulas for the smallest number of months to serve, but also must prepare for and present a case for probation or downward departure, if there is no required minimum sentence or he must work for the mildest possible sentence.
- Skilled advocacy at sentencing is now more important than ever in federal sentencing.
- More can now be done for a defendant at federal sentencing than in any time in the past 20 years.
Remember, the best sentence of all is "not guilty". Skilled lawyering at the earliest possible time is still the best way to serve no sentence at all.
If you have been convicted, Contact a lawyer immediately with the knowledge and experience needed to get you the best possible sentencing result, whether that result is probation, a reduced sentence or early termination of probation. Call Ray Taylor at our San Antonio, Texas, law firm at (210) 807-9916 to arrange a free initial consultation and case analysis.