Legal Question in Criminal Law in Texas
In Texa, my husband is currently serving a 22yr sentence trial by jury drug related charge. Before he was convicted he witnessed a man get killed. The trial for the murder has now come up. My husband does not want to testifybut if they will knock time off of his sentence he will. The DA told him they can not knock time off but if he don't testify they can bring more charges up against him. Can they knock time off of his sentence if he testifies or can the bring up more charges if he don't?
1 Answer from Attorneys
They can "knock time off his sentence" only if there is an agreement of at least two of the following officials - THE DA, THE sheriff of the county in which he was convicted, and / or THE judge. It is possible.
As far as additional charges if he doesn't testify - it depends on his involvement. He could be held in contempt if he refuses to testify and does not have a valid 5th Amendment claim, and that 6 months would be served after his release on his prison sentence.
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