Legal Question in Criminal Law in Texas
Can they change Charges that you already done time for?
My husband is on parole and now is facing charges in Fedarl Court. he is on parole for buglary. Ok now in 1996 they passed a law about any burglary being a dwelling. My husband had already served his time for the burglary and was out on Parole for 3 years befor this law was passed. What I would like to know is can they change his charges from simple burglary to dwelling even though he has already served his time???
1 Answer from Attorneys
Re: Can they change Charges that you already done time for?
There are several questions that come to mind:
1. Is he being charged in federal court for the
same burglary? If so they can probably do so
the doctrine of dual sovereigns.
2. If the federal law was past after the burglary then
the doctrine of Ex Post Facto laws should bar the prosecution.
If you need help I am happy to do so.
I am admitted in each of the 4 Districts of Texas.
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