Tracy McNeill Pullan

Ms. Pullan tried over 50 trials as a Prosecutor, ranging from Capital Murder to Class C Misdemeanors. Additionally, she reviewed and investigated thousands of cases on behalf of the State of Texas. After six years of service, Ms. Pullan left the office under the title of Division Chief.

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Texas

Since 2003

Pullan & Young

Current

University Of Houston

Doctor of Jurisprudence/Juris Doctor (J.D.)

2003

Texas State Bar  # 24041460

Member

2003 - Current

Q. I have neck surgery scheduled for november 2nd 2021. Can a judge sentence me to state jail for my probation violation.

October 26, 2021

A: If you are on a 2 year deferred for a State Jail Felony the judge can sentence you anywhere in the range of punishment. The range for a State Jail Felony is from 180 days - 2 years in a State Jail facility.

There are a lot of other potential options that can be negotiated with a prosecutor, so you should consider retaining counsel that can advocate for you. It sounds like you have some potential health issues that need to be addressed, which could impact the outcome of your case.

Q. If someone is unconscious can they be criminally charged for assault?

December 19, 2019

A: The law requires the State to prove that the person charged "intentionally, knowingly, or recklessly causes bodily injury to another..." Based on what you have presented - it sounds like the State may have a difficult task of proving the required mens rea. This does not mean the the person cannot be charged with the offense - but getting beyond a reasonable doubt is another issue all together. So to specifically answer the question, yes, a person can be charged criminally if the state doesn't believe the person tazed was unconscious when he or she head butted the EMS worker.

Q. Court ordered drug test at probation office

October 16, 2019

A: They are used to make sure you are following the conditions of release or conditions of probation. There are two possibilities here:

First, if you have a pending charge the court can place any reasonable conditions on you while you are out on bond. The court can order drug tests and if you test positive the court can revoke your bond and put you back in jail.

Second, if you are on probation, your conditions of probation usually include no drugs or alcohol. The court can ask you to be tested at any time, and if you have a dirty UA the results go to probation and then are reported to the court. Then the court has the discretion to file a motion to revoke or motion to adjudicate and have you arrested.

Generally these results are shared within the legal system, ie: probation, the court, the prosecutor, and/or your defense attorney. ... Read More