Legal Question in Criminal Law in Texas

Reindictment ?

Is it possible to reindict a person for charges that were dropped by the Asst DA and sentencing was handed down by the Judge on the information given to and agreed on by the Asst. DA at a court hearing.

The orig DA was not present at the sentencing that resulted in a sentence of 15 mos Questioned by the judge as to the charges the Asst DA agreed the chgs in front of the Judge were correct, assault chgs dropped. Questioning the Asst DA that the time to be served would be 15 mos state jail - yes said the Asst. DA The judge passed sentence on that information 15 mos state jail .

Now the DA is threatening to reindict the assault chgs if papers are not signed by my nephew to a 15 YR sentence.

or they will reindict him on the orig.

charges.

Can this happen if the sentence was handed down and signed by the judge on the information presented at the time of the hearing?

It seems that the DA only wants a conviction and will use any scare tactics to get it. Isn;t this case considered finished since the judge passed the sentence?


Asked on 4/16/08, 8:08 pm

1 Answer from Attorneys
Jeffrey Brashear The Brashear Law Firm, PLLC

Re: Reindictment ?

From what you have written here, it appears that the Asst DA may have withdrawn the assault charges. If the DA's office withdraws charges, the DA's office may, at a later time, re-instate those charges potentially. This ultimately depends upon specifics of the case. You should really seek the assistance of a law firm. If my law firm can assist you with this legal issue or any other legal matter, please contact my legal assistant Jennifer ([email protected]).

Read more
Answered on 4/17/08, 12:44 pm


Related Questions & Answers

More Criminal Law questions and answers in Texas