Legal Question in Criminal Law in Texas

wrong place wrong time

How can a person get a 1st degree felon charge [Ten year sentence], when no one was killed? It was a drive by shooting. The boy was 17yrs. old at the time. He was only a passenger in the car. He did Not shoot the gun. No prier convictions. The young man is now serving 10yrs. for organized criminal activity with a firearm. His court appointed attorney talked him into pleading guilty, after spending seven months in county jail on 100,000 bond, that his attorney didn't get lowered. The same attorney defended the boy that shoot the gun . He got 40 yrs. No one died!???


Asked on 3/30/01, 5:15 pm

1 Answer from Attorneys
David Sergi Sergi and Associates PLLC

Re: wrong place wrong time

What county did this happen in. It seems to me that the attorney had a real conflict of interest and the case could be set aside. However, you have to act quickly because you have to file a writ of habeas corpus in state court and do the prepratory work to get into federal court and you only have one year to do that. However, if you turn around the conviction he may wind up worse. Please email me if you wish to discuss further

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Answered on 6/04/01, 10:57 pm


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