Legal Question in Criminal Law in Texas

I have a uncle that was locked up about a year ago. He was charged with drup offense in drug free zone. He was already on probation, so he sign for 4 years, with the understanding that he would do only a precentage of his time,cause they wasn't going to put the drug free zone on him.

Well when he was sent off to prison, they sent him a letter stating that he would have to do the whole 4 years. Is this possible, and is there a way that i can have an appeal done to have the drug free zone charges lifted off of him? Or what can i do?


Asked on 10/06/09, 9:47 am

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

He needs to speak with his defense attorney. Normally in a case like this the prosecution will amend the indictment to remove the drug free enhancement. If they did not do this, your uncle is stuck. If they did remove it, then it looks like there is a glitch in the paperwork. Your uncle needs to contact the defense attorney to find out what happened. If you have the case information, you can get a copy of the paperwork from the courthouse.

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Answered on 10/12/09, 12:03 pm


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