QUESTION
What recourse do we have for an indictment that is wrong?
Asked on Dec 02nd, 2013 on Criminal Law - Texas
More details to this question:
My fiance was poicked up a couple of months ago on possession, though on the indictment they have him as posessing meth when in fact it was heroin. He has had two prior posession convictions and one aggrivated assault. They have enhanced him for some reason and he is facing 5-99 on this charge. We can't get his court appointed lawyer to go talk to him so we are completely lost. I know it's just grasping at straws but with the indictment being wrong is there any way that will help us?
1 ANSWER
3 Awards
Don't call me. I am in PA and cannot help you. Ask a TX lawyer. When you deal with a court appointed lawyer who won't return callls, my advice is always the same. Be patient and polite but be persistent. Only if this fails do you take the more drastic step of requesting a new lawyer from the court. I couldnt tell you if meth or heroin carries more of a sentence, but the prosecution can always amend their charges up to the date of trial in most states-again ask a local TX lawyer.
Answered on Dec 02nd, 2013 at 12:44 PM
William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900