Legal Question in Criminal Law in Texas

Defendants special plea

I have a friend who was going thru a divorce and her husband place a protective order against her. She went to their home, (she was not aware of the protective order at the time), and the husband called the police. The police came to arrest her. They did a search and found a �controlled substance� on her. She was arrested for possession of a controlled substance 4-200g. She was in jail for the possession charge for 5 days, until bond was posted. Two months later, she plead guilty to the violation of protective order, and served a 90 day sentence. I believe the case for controlled substance be dropped, reason being: the possession and violation of protective order was the same criminal episode and should have been consolidated into one trial. What is your opinion?


Asked on 7/17/09, 11:27 am

1 Answer from Attorneys
Robert Tuthill Law Office of Robert H. Tuthill

Re: Defendants special plea

if she was unaware of the protective order, i would not have plead guilty to it. That hurts her chances on beating the criminal PCS case.

Whatever happens to the protective order has nothing to do with the PCS case. Just because she plead on one for a 90 day sentence does not mean the PCS case goes away, unless this was negotiated ahead of time.

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Answered on 7/17/09, 3:30 pm


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