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Question

if someone is being told their charges are being drop and they lawyer is calling it a 12 45?

Submitted: 581 days and 21 hours ago.
Category: Criminal Law
Value: $30
Status: CLOSED
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Optional Information

Optional Information:
Leander, Texas

Already Tried:
I have first had a court appointed lawyer who from the start said you are so guilty. Paid a lawyer who did little to no work and ended up in the same spot.

Posted by rvlaw 581 days and 21 hours ago.

Info Request

Hi,

What state?

Rich

581 days and 20 hours ago.

Reply

Reply to rvlaw's Post: It is in Texas but Williamson County

Posted by rvlaw 581 days and 20 hours ago.

Answer

Here is TX 12:45 of the Penal Code

§ 12.45. ADMISSION OF UNADJUDICATED OFFENSE. (a) A
person may, with the consent of the attorney for the state, admit
during the sentencing hearing his guilt of one or more
unadjudicated offenses and request the court to take each into
account in determining sentence for the offense or offenses of
which he stands adjudged guilty.
(b) Before a court may take into account an admitted offense
over which exclusive venue lies in another county or district, the
court must obtain permission from the prosecuting attorney with
jurisdiction over the offense.
(c) If a court lawfully takes into account an admitted
offense, prosecution is barred for that offense.

I suspect the section is used when someone pleads guilty to a lesser charge and the greater charge is dismissed.

 

Rich

This is information only, NOT legal advice. No attorney-client relationship has been created. Consult an attorney in your state for legal advice regarding your issue.

 


Accepted Answer

Another expert here with whom I consulted added:

12.45s are usually for correlating offenses as opposed to lesser included charges. IE, if you get a drunk in public and a resisting arrest, with the deal you can plead guilty to both but only get convicted on one.

Rich

Expert: rvlaw
Pos. Feedback: 100.0 %
Accepts: 
Answered: 4/19/2008

Lawyer

Former Assistant District Attorney - NYC; Criminal Defense Experience for 30+ years

581 days and 20 hours ago.

Reply

Reply to rvlaw's Post: Ok Something I'm hearing.When in fact I go to prison and if a fight breaks out could I then be charge with the dropped charges and do the full time that charges could have?

Posted by rvlaw 581 days and 20 hours ago.

Answer

This section applies at the time of plea and sentencing...not for events that take place afterwards.

Rich

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