Legal Question in Criminal Law in Texas

If someone pleads guilty to a lesser charge (felony assault) to avoid a trial and receives probation. Then the probation is revoked and they are sent to prison. Which charge used to establish custody levels, rehabilitation plans and parole eligibility during the intake process. The original more severe charge, or the lesser charge that they pled guilty to?


Asked on 5/01/12, 11:25 am

1 Answer from Attorneys

Cynthia Henley Cynthia Henley, Lawyer

The lesser charge is the case on which they are convicted. The greater charge is no longer an option after a plea of guilty is made to the lesser charge (and accepted by the judge.)

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Answered on 5/07/12, 4:18 pm


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