Legal Question in Criminal Law in Texas

Hello,

I am doing research for a book I'm writing. One of my characters is a criminal and I have an idea of what he was convicted of but I don't know quite how to say it. He was convicted once for being associated with a bank robbery in a sense that he planned the entire thing and hired the stickup men, but was never actually took part in the robbery itself. He was the only one arrested but refused to cooperate, so he goes to jail. I don't know exactly what he would get for this, however. His second crime is pretty much the same thing only this time, he actually participates in the robbery and all of the people involved are arrested and sentenced.

I would appreciate any help you can give me on mapping out my character's fictitious criminal history. Thank you.

-JB


Asked on 5/26/10, 3:03 am

2 Answers from Attorneys

Ken Gober (Austin TX) Lee, Gober & Reyna

Most likely a person would be charged in Federal Court for anything associated with a bank robbery.

To determine the sentence for a federal bank robbery charge, I suggest you review the Federal Sentencing Guidelines. The Guidelines utilize a series of worksheets (much like tax forms) that tell you step by step how to calculate the appropriate sentence range. ( http://www.ussc.gov/guidelin.htm )

A few notes on the sentence range: 1. The range is "discretionary". but followed in 99% of cases; 2. federal prison sentences are "determinate" meaning a person will serve the amount of time that he is sentenced to "day-for-day" (no good-conduct-release).

I would be interested in working with you to insure the authenticity of the legal aspects of the book: federal sentencing analysis, legal procedure, proper use of legal terms of art, etc..

If you would like to discuss this further, feel free to contact me: 512-478-8080 or by e-mail: [email protected]

Good Luck!

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Answered on 5/26/10, 8:21 am
Keith Engelke Law Office of S. Keith Engelke

He could be charged either with with conspiracy to commit the crime or as a party to the crime. Either one carries the same sentence as the person who committed the crime.

Conspiracy is probably easier to prove as all it requires is an agreement and an act in furtherance of the agreement. This sounds like it describes the first situation except that to prove conspiracy you need to prove the agreement. If no one else was arrested and he won't talk you have a problem getting the conviction. The DA would have to prove he hired the stickup man- Sounds like you need another arrest or a witness.

Actual participation makes him culpable as party to the crime so you don't need the conspiracy count although you can allege it it there was an agreement.

I am not familiar with federal law however in Texas theft crimes the range of punishment varies with the amount of money taken.

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Answered on 5/26/10, 9:37 am


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