Legal Question in Criminal Law in Texas

convictions

Can a person who went through a

jury trial and was convicted, and

the jury gave him 2yrs shock

probation, can the judge overturn

this 6 months later by claiming this

charge was never tried, plus the

jury member stated that the district

attorney went into the jury room

while they were deliberating and

stated what he expected from the

jury and he wanted time. Is this

legal. his attorney told him not to

be a whimp.


Asked on 5/25/09, 2:45 pm

1 Answer from Attorneys
michael palmer Law Office of Michael Palmer

Re: convictions

If the da went into the jury room then should have been a mistrial. If it was the actual da of the county, then I would argue they are disqualified from prosecuting the case. As a result, a special prosecutor would be appointed. I do not believe that the judge on his own can reverse a conviction. However, it sounds like a good appeal would result in the conviction being void.

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Answered on 5/25/09, 6:54 pm


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