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Ask TexCrimLawyer, J.D. Your Own Question
TexCrimLawyer, J.D.
TexCrimLawyer, J.D., Lawyer
Category: Criminal Law
Satisfied Customers: 4823
Experience:  Experienced in state and federal criminal litigation.
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A woman I know was convicted of aggravated assault this week.

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A woman I know was convicted of aggravated assault this week. Two questions.

She was a total basket case throughout the trial. Several times the judge told her to compose herself so they could proceed. When it came time for her to testify he kept asking her if she wanted to testify. She kept saying no. He kept pressing her, telling her there as not much time left and they needed to move on. Finally he asked her if she as ABLE to testify, and she said no. He then proceeded with the trial without even offering her time to compose herself. IS THIS REVERSABLE ERROR?

This is a level 6 felony, no priors. She's 32. How do they decide which prison to send her to? Does she qualify for medium or minimum security? Does the judge decide that prison or just the sentence?

Thank you

TexCrimLawyer, J.D. :

Good evening. I'll be assisting you with your question.

TexCrimLawyer, J.D. :

As far as whether this is reversible error, probably not. The judge has very wide discretion in directing the order of the trial and maintaining control over how the trial proceeds. As long as she was afforded the opportunity to testify, it isn't reversible. The fact that she was unable to get through the testimony is not reversible.

TexCrimLawyer, J.D. :

Also, in order to even make it an issue on appeal, her attorney must first object.

Customer:

Okay, so how do they decide which prison?

TexCrimLawyer, J.D. :

As far as deciding what prison she is sent to, the judge can make a recommendation, but FDC ultimately makes the determination based on her risk factors and security classification.

Customer:

no priors, level 6, what's your guess as to min med or max?

Customer:

just a guess.

TexCrimLawyer, J.D. :

Because it is a violent felony, she will probably initially be classified as medium.

TexCrimLawyer, J.D. :

But, she will be able to work her way down to a minimum.

Customer:

medium would be great. I know you hear this all the time, but I would literally bet my life she is innocent. She was in the wrong place at the wrong time doing nothing illegal and defended herself against a crazy woman. She was backed into a corner and had no choice. BUT SHE DIDN'T TESTIFY, so the lunatic's testimony convicted her. Also she's black and it was an all white jury. one hour to convict her. This is the gentlest sweetest woman you could ever meet. Slap her in the face she'll give you the other cheek and say, "Bless you.'' INCAPABLE of spontaneous premeditated violence. Maybe she can survive medium but never max. She already told her boyfriend on the phone that she's "going home." She is extremely religious and that means suicide. It's just a question of how she does it. Thanks very much for you respone, and I will leave you a token tip as I'm not well off, and of course an excellent rating.

Customer:

that was spontaneous OR premeditated.'

Customer:

Can't be both, right?

TexCrimLawyer, J.D. :

I understand. Hopefully the judge will see all of that and give her a light sentence. No, it can't be both premeditated and spontaneous.

Customer:

But she never testified so he doesn't have the slightest idea who she is. We're all retired white businessmen, and she has been our physical cartaker for eight months, and we're alll going to court on sentencing day, but we hear this judge is very, very harsh. We'll see. Thanks again

Customer:

there are at least three of us going, and maybe five.

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