Legal Question in Criminal Law in Texas

my husband served 10years in prison for theft or robbry 12yrs ago in new york. Recently he got 3 charges in texas 2 for theft and 1 for tamper I.D/pp possen. They offered him a year but he declined it. He goes to court on april 26th 2011 how much time do you think they will give him this time? And will they try to use his past against him?


Asked on 4/07/11, 11:56 am

2 Answers from Attorneys
Robert Tuthill Law Office of Robert H. Tuthill

It is impossible to guess at how much time he will get. But they will certainly try to use his criminal history against him.

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Answered on 4/07/11, 12:02 pm
Cynthia Henley Cynthia Henley, Lawyer

I agree with Mr. Tuthill about guessing about how much time he will get. It is hard to tell with the information you have provided exactly what he is charged with. Theft can be a felony or a misdemeanor. 1 year is the maximum time one can get for a misdemeanor and is not even applicable to felony punishment so it sounds like he is charged with felonies & they have offered to reduce them to a misdemeanor (or at least misdemeanor punishment). He might want to consider the offer after listening to his lawyer's advice.

And yes, they absolutely will use his priors against him. They enhance punishment on new charges even when they are from a different state.

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Answered on 4/07/11, 1:21 pm


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