Criminal Law Questions? Ask a Criminal Lawyer.
How long has it been since you were indicted?
it happened a year ago november
In Texas, there is no specific time frame. It largely depends on the judge and the court's schedule. I've seen cases drag on for 3 or more years because the courts were so backed up. Do you want it to go to trial as soon as possible?
my punishment really doesnt matter as long as i dont get jail time. i just didnt know if there was a time limit before it had to be solved or it was dismissed
No, there is no specific time frame. If the judge thinks the state is unnecessarily delaying, he can dismiss it. If you can't reach an agreement, the judge will set it for trial. If it goes to trial and you are convicted, typically the punishment is much harsher than you would have gotten with a plea.
i really dont want it to go to ttrial i just want to be able to prepare myself and my children to what may happen will they tell me before they deciced to take it to trial
Yes. The judge will give your lawyer a trial date usually a few weeks in advance. If you don't want to go to trial, it sounds like you have been offered a deal that does not include jail time. If you think you are going to be convicted at trial, probation is a pretty good deal.
well it was the judge that turned down the offer both lawyers agreed not the judge
Well, your attorney and the DA need to work something out. If the judge insists on jail time, you can do weekend jail as a condition of probation. That is much better than prison.
will the offer be put out on the table as a possibility i have never been thru this before so really dont know what to expect
I have no idea if the DA will offer that. Your attorney can suggest it, but I can't say what the DA will offer.
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