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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23561
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I was charge with tempering with government document, and i

Customer Question

i was charge with tempering with government document, and i knew nothing about it, what would i do to get out the case
JA: You just pay a $5 deposit now and the rest only when you get a reply from the Criminal Lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason.
Customer: just help me, it was jury trial, i want to know my faith on theses case
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: houston texas
JA: Have you talked to a lawyer yet?
Customer: yes
JA: What advice did they give you?
Customer: the DA offer me 4 years parol,
JA: Anything else you think the lawyer should know?
Customer: but i refused i did nt do it
Submitted: 3 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 3 months ago.

Hello,

In Texas, this charge could be a felony or a misdemeanor, depending upon the document you are alleged to have tampered with.

What are you alleged to have tampered with? You mentioned a jury trial. Have you had your trial already?

What do you mean that the DA offered you "4 years parol?" Are you saying he offered you probation?

What do you mean by "I want to know my faith on theses case?"

Expert:  Zoey_ JD replied 3 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

Customer: replied 3 months ago.
I work with Harris County sheriff office, I'm a psych - Tech, under medical department, im working with inmate who have psychiatric issue while they are still in Harris County detention ( jail) I work third shift, my duties is to is to feed them, make sure they didn't do something to themselves or endangered other inmate around them.i documents all their daily activities, where they are and what they are doing. On that faithful night, one the inmate slept and he never wake up, I discovered in the morning during there breakfast time, every one get up to pick their trail, but these particular inmate didn't pick it trail, that draw my attention to him, I asked the security to open it door, when the door is open it discover the inmate is death, and immediately I alerted the security and my charge nurse on board, everybody came and do there best too, they corpse away. Investigation begin, they said in my rounds shit, my timing is not right, that base on the report i wrote, the time 4: 37am I said I saw the inmate is not the assure time , that my rounds is falsifying , I said I don't falsifying any document, it might just be an oversight, the case was taking to ground jury.....I have a lawyer but still need a second opinion on these cases ......thanks Pius
Expert:  Zoey_ JD replied 3 months ago.

Thank you for the details.

I'm not sure exactly what you want the second opinion about, so if this doesn't cover it let me know by replying to this question thread.

It doesn't take much for a DA to get an indictment. A grand jury doesn't vote on guilt or innocence. It just determines whether there is probable cause for the DA to proceed to prosecute the case as a felony matter. A grand jury only has to believe that you may have intentionally falsified your records and that if you did, the falsification of such a record would be a felony. If they reach that decision, there's an indictment.

If you want to fight this case, you seem to be saying that you have a mistake defense -- that you didn't intentionally falsify anything, that if you got the time wrong it was an oversight on your part. How good a defense that is will be decided by a jury if you decide to go to trial on the case. You are not required to prove that you didn't falsify records. The DA must prove that you intentionally DID falsify records, and he must prove it beyond a reasonable doubt to get a conviction.

Customer: replied 3 months ago.
On a case like these , do I still stand on the ground it was just an oversight, when I discovered the inmate is death, I was emotional touch, I didn't even know my documents is wrong until I was notified by the authority
Customer: replied 3 months ago.
Or what advice do you have for me on these case..or how do i present my case before the jury
Expert:  Zoey_ JD replied 3 months ago.

If you go to trial on this case, and a jury cannot exclude the possibility that this was just a mistake, you cannot be convicted of this crime. The prosecutor, of course, is would have to try and show that you intentionally covered this up by putting down false information. And its his burden to prove it beyond a reasonable doubt.

Without seeing the discovery, reading the court papers and conferring with both you and the prosecutor, I would not know if trial was a good idea for you or exactly how I'd shape my defense.

If you wanted a plea bargain, you could probably avoid jail. So you really need to go over the strengths and weaknesses of your case with your lawyer to get a feeling of your chances. A mistake defense can work, but how good this one is, I have no way of knowing without being privy to everything that your lawyer will get from the prosecutor.

Customer: replied 3 months ago.
The plea bargain the prosecutor did offer me is 4 year parole with differ jurisdiction for offence I didn't committed , I told my lawyer if the prosecutor can reduce felony charge to misdemeanor but she refused, I'm a family man, I have not been to jail in my entire life before. Not even traffic ticket before, I was only doing my job to my best capacity, please advise me
Expert:  Zoey_ JD replied 3 months ago.

You have retained a lawyer to advise you. He knows much more about your case than I do, so you should get all the information you can about the strengths and weaknesses of your case from him.

The prosecutor does not have to reduce the charge, and if you have already been indicted, in my experience he won't. Your lawyer can keep negotiating with the prosecutor to see if you can get a better plea. But it will all come down to whether you want to spend 4 years on probation or risk prison time, some of which will be a certainty if you are convicted of the charge.

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