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?


Asked on 8/29/06, 12:58 am

1 Answer from Attorneys

TC Langford Langford Law Office

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.

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Answered on 8/29/06, 6:14 am


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