Legal Question in Criminal Law in Texas
aquittal or dismissal?
after being in county jail for 6 months a judge at a pretrial hearing realized that an individual was charged with aggravated assault on a peace officer and in fact the correct charge should have been attempted assault on a peace officer. the jail time went from 15-99 years to 12-14 months. can this person file for an aquittal or dismissal due to this?
1 Answer from Attorneys
Re: aquittal or dismissal?
The defendant can prepare and file the motion, but for this reason alone, is probably going to be denied. There may be other errors that warrant a dismissal. Acquittal occurs after the state announces ready, and the court finds the defendant not guilty.
There is certainly a legitimate claim to either a negotiated probation or for time served. The defendant should consult with an attorney to effect his best outcome.
Related Questions & Answers
-
Definitions Crminal Charge -- Felony 3rd degree...how many announcement hearings... Asked 8/28/06, 7:20 pm in United States Texas Criminal Law
-
Arrested during a traffic stop in texas my brother and wife were searched cause... Asked 8/28/06, 12:27 pm in United States Texas Criminal Law
-
Credit card theft under $1000 What if the credit card was used but it was under a... Asked 8/26/06, 1:45 pm in United States Texas Criminal Law
-
Deferred adjudication ? My husband was convicted of a theft he got 10 years... Asked 8/25/06, 1:22 pm in United States Texas Criminal Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
