Legal Question in Criminal Law in Texas

My son has been charged with robbery with bodily injury. The co-defendant actually assaulted the victim and my son broke it up but is still being charged with the same charge. The co-defendant received probation with deferred adjudication from the same judge that is trying to give my son a MINIMUM 2 years at TDC. My son has a court-appointed attorney (because we have no money) and the co-defendant had a private attorney. How can the punishment between the two be so radically different? Is this legal? They both even have the same criminal background. Please advise.


Asked on 6/02/13, 10:49 am

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

There is more to it than what you are posting. Why you say the criminal background is the same, the underlying facts of any priors may be very different.

There may be evidence that controverts your son's claim that the other guy did the assault while your son broke it up. It could be the other kid has shown remorse while your son has not.

The judge does not give anything to anyone unless they pled guilty without an agreed recommendation on punishment to the judge. The prosecutor makes a rec which the accused accepts or declines.

It has nothing to do with hired versus court appointed lawyer. Your son does have the option of pleading guilty to a jury.....

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Answered on 6/02/13, 11:55 am


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