QUESTION
Can a misdemeanor be upgraded to a felony based on a separate, subsequent charge if that charge was downgraded?
Asked on Feb 27th, 2016 on DUI/DWI - Texas
More details to this question:
My daughter has a pending, 2nd offense DWI, charged as a misdemeanor. She is serving time in another state for a 3rd offense DUI. All three offenses were committed in a six-month period. After writing a letter to the prosecutor, her felony for the DUI was reduced to a misdemeanor. Can the prosecutor in Texas now make her pending, 2nd offense DWI a felony, given the third offense?
1 ANSWER
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If she was convicted, plead guilty, or took probation for a 2nd DWI prior to picking up the current charge in Texas, yes. Otherwise, no.
Answered on Mar 17th, 2016 at 5:14 AM