Legal Question in Criminal Law in Texas
in Texas can a police officer take a misdemeanor charge enhance it to a felony then the grand jury enhance again
Asked on 1/22/10, 2:11 pm
1 Answer from Attorneys
Paul Walcutt
Law Office of Paul Holt Walcutt
A person can be charged with a crime so long as the statute of limitations has not run. Just because the cops thought it was originally a misdemeanor doesn't prevent the prosecutors from presenting information about a suspected felony. Likewise, the grand jury can vote true on another charge so long as they find there is probable cause that a person committed that crime. While this is certainly frustrating for the accused in this situation, it is legal.
Answered on 1/30/10, 3:16 pm
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