Asked 8/31/2016 – Livingston, TX
My son is in county jail we heard you can only file this once in a life time
Answer
A defendant does not file a motion under 12.44(a) of the Texas Penal Code; the District Attorney assigned to a case may file such a motion which will allow a Judge in sentencing a person on a state jail felony to serve the time in county jail instead of being transferred to a state jail facility. There is not statutory limit on the number of such motions. I suggest that you and your son do not rely on what you “heard”, and contact a local attorney. I would not want either of you to make legal decisions that have life-long effects based on incorrect information.