Via email:

Hello I recently accepted probation. I wanted to ask is it unconstitutional in Texas for me to be given a contract where I give up my right to a trial by jury when I accept probation?

I’m assuming “contract” means the plea paperwork and the portion of it that says, in legalese and this is obviously not verbatim, “You know you have the right to a jury trial, you know you have the right to a jury trial, you know you have the right to a jury trial…”

So, to answer the question, “No. It’s not.”  Without the contract(admonishments)?  Maybe.  But with the contract?  I doubt it.

  • Lisa J.

    My brother plead guilty to state jail felonies for I think 5 burglary of a building charges and his sentences were stacked. His court appointed lawyer seemed to think at the sentencing hearing it was illegal at that point for the prosecution to do that. He advised my brother that he had case law to prove that he could only be sentenced to serve them consecutively at that point, unfortunately they did do it. He pleaded guilty by the way and was under the assumption that he was going to the hearing to try and get less than two years. He ended up getting 3 years for the state jail felonies and 1 for violation of probation. My question is, is there a point where the prosecution can no longer stack cases/sentences?