Legal Question in Criminal Law in Texas
2 people are charged with the same crime (poss w/int to del c/s 4-200g) 1st person says its all his and takes a 20 yr plea agreement. They still charge the 2nd person who is up for trial. But when the D.A. finds out that the 1st person will be testifying for the 2nd one, that it was all his, the D.A. now is going back and recharging the 1st person for something else. Is this legal? It sounds like retaliation to me. How can they do that anyways. Its been 26 mths. All the drugs where found in the same place. And if they can do this does it mean the 2nd persons charges are going to be dropped?
1 Answer from Attorneys
The DA can charge anyone they want with any offense for which they have evidence. It is not retaliation to file additional charges that could have been filed. Sounds and feels like it, but it is legal.
And, just because one person claims to be completely responsible does not mean that anyone has to believe that. Those claims happen all the time.
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