Legal Question in Criminal Law in Texas
On Dec 21st 2010 I was charged with a Theft of Service. This was filed wrong and should have been Theft of Property. On January 10th I was charged with theft of property then 11 days later the first was dismissed as per court agreement (No further action taken) I just found out that this is the same alleged offense. Is this correct legal procedure for refiling a crime to correct clerical errors?
Asked on 6/13/11, 6:33 pm
1 Answer from Attorneys
Cynthia Henley
Cynthia Henley, Lawyer
The prosecutor could either amend the charging instrument or refile it. However, the charging instrument must be right in order for the State to prosecute because their proof must be to the allegations in the charging instrument.
Answered on 6/13/11, 7:31 pm
Related Questions & Answers
-
We recently had a car that had a pay box in it and they are trying to keep our car... Asked 6/13/11, 3:17 pm in United States Texas Criminal Law
-
I made bond on a felony theft by check case out of one county. Then went to state... Asked 6/13/11, 9:31 am in United States Texas Criminal Law
-
The other day wife and me got into a fight. She was very mad at me. I was trying to... Asked 6/12/11, 4:44 pm in United States Texas Criminal Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
