i am providing the TX Code on your charge. you will need to file an appearance pro se if you want to discuss this matter with the DA. or you can secure a local lawyer to assist you and see if the charge can be reduced to an assault of the lowest degree and if this is a first offense and you are in the military there could be someway that a diversion sentence could be imposed - of course the best scenario would be to have the charges totally dismissed. again, a lawyer in your area would be most helpful in accomplishing that and the DA does not have to talk to you unless you are filing an appearance in the court to represent yourself. then they will talk to you as if you were a lawyer representing a client. this shoudl be done in the court where you hearing is to be held. the clerk can provide the form - good luck
22.07. TERRORISTIC THREAT. (a) A person commits an offense if he threatens to commit any offense involving violence to any person or property with intent to:(1) cause a reaction of any type to his threat by an official or volunteer agency organized to deal with emergencies;(2) place any person in fear of imminent serious bodily injury; (3) prevent or interrupt the occupation or use of a building, room, place of assembly, place to which the public has access, place of employment or occupation, aircraft, automobile, or other form of conveyance, or other public place;(4) cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service;(5) place the public or a substantial group of the public in fear of serious bodily injury; or(6) influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state.(b) An offense under Subsection (a)(1) is a Class B misdemeanor. (c) An offense under Subsection (a)(2) is a Class B misdemeanor, except that the offense is a Class A misdemeanor if the offense:(1) is committed against a member of the person's family or household or otherwise constitutes family violence; or(2) is committed against a public servant. (d) An offense under Subsection (a)(3) is a Class A misdemeanor, unless the actor causes pecuniary loss of $1,500 or more to the owner of the building, room, place, or conveyance, in which event the offense is a state jail felony.(e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree.(f) In this section: (1) "Family" has the meaning assigned by Section 71.003, Family Code. (2) "Family violence" has the meaning assigned by Section 71.004, Family Code.(3) "Household" has the meaning assigned by Section 71.005, Family Code. (g) For purposes of Subsection (d), the amount of pecuniary loss is the amount of economic loss suffered by the owner of the building, room, place, or conveyance as a result of the prevention or interruption of the occupation or use of the building, room, place, or conveyance.
yes. the state would need the officer's testimony to prosecute it's case. if the officer does not appear then you could motion for a dismissal because the state lacks evidence.
sometimes, they will "load up" on the charges. it is possible that they did that with this new charge from the same incident, which they can do until the statute of limitations runs out - they might have done this because they dont feel they have the evidence for the other charges, so they will offer you a plea on the lesser ones. this is something you will need to decided on what to do - go to trial on the terroristic threats because PERHAPS they dont have the evidence or take the plea on the lesser charges. Or go to court on the terroristic threats and the lesser charges and they dont get a conviction on anything but the lesser charge, which could get you jail time. a good plea agreement on the lesser charges would of course be no jail time and some probation or a diverted adjudication - if you complete the probation period no record.
first, nothing is double jeopardy until there has been a disposition in a matter - so you would need to go to court on, let's say, the terroristic threats and be found not guilty and then have the DA charge you on the same terroristic threats to be double jeopardy. if you have different court dates, try to contact the DA and see what is going on - why they have filed in this matter and try to get thing consolidated. i suspect, as i have stated, they do not have the evidence for the terroristic threats and are looking to dismiss that - if you take a plea. have you discussed this with a local lawyer?
well, perhaps your lawyer was in a hurry and forgot to say that if they TRIED you and you had an adjudication on the TT then it would be double jeopardy. that is the only way that could happen. listen beans, they can charge you with murder if they want to - they can charge you with whatever they want up until the statute of limitations runs out on them filing charges which is 1 year on a misdemeanor and 3 to 5 years on felonies. they can charge you all they want - having the evidence to get a conviction is what counts. we can speculate here all day - and i dont know that i can tell you anything more or different. the charges are legitimate and it is a stradegy or tactic to get you to plea so they dont have to waste time in court
your lawyer can call the DA on your behalf anytime, once he has entered his appearance. now, if he is waiting some kind of payment from you before he does that then the DA will not talk to him. most attorneys in criminal matters want payment up front or at least a large portion. anyway, yes. i have seen additional charges filed. i have seen charges acquitted and then the state coming back and filing a related charge. yes, yes. it is allowable. it is legal.
sometimes, they do drop all charges. it depends on how "bad" or "criminal" they think the act was - it all depends - and since you dont remember anything, that is hard to say just how bad they might think it is - as to whether it is worth them coming after you tooth and nail.
oh. sometimes, a lawyer can negoiate a dismissal, after discovery, etc and they see there is no evidence, witnesses, etc.
i thought that is what i had been saying to you all along. there will probably be a plea offer to you on the lesser charges -
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