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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 3152
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My ex was indicted by the Texas grand jury 7/23/15. In the

Customer Question

My ex was indicted by the Texas grand jury 7/23/15. In the indictment, they are trying to enhance AND habituate. The first conviction does belong to my ex. The other one that they cited was our sons'. Also, when his last "situation" arose, the police wanted to use him as a CI. He DID do one person for them, but this was all he knew. That person gave them the rest of the people they wanted. TEN MONTHS after the police stopped him and wanted to "use him as a CI", they arrested him for that offense. The grand jury cited the "on or about" date as this past June, when in fact, it was last August.
What can we do.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Dwayne B. replied 1 year ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Can you be a little more specific in your question? When we answer general questions like "what can we do" we have to give general answers and people usually respond with "I already knew that". If you can be more specific in your question it will allow me to give you an answer that is more helpful.
Customer: replied 1 year ago.
My ex had a 2nd degree felony back in 1996. Of course, he has served out this sentence.
In 2011, he was arrested for possession <1g and served a one year "state jail" felony sentence.
In May of 2014, he was again arrested for possession <1g.
BEFORE he pled to that case (which was 6-month "state jail" felony), he was stopped by the police and was given a "property" sheet of what they found in his car and they took his phone. They had warrants for both. The policeman told him that if he did not want to spend the rest of his life in jail, he would be a confidential informant for them.
He agreed to help them arrest the person he had been dealing with. This was the only person he knew in this ring.
That person was subsequently arrested and gave the police everyone else they had wanted.
My ex THEN pled to the May 2014 case and served the 6-months.
Upon his release in April of 2015, he did not contact the police officer, because he had gotten everyone he had wanted. The police office did not contact my ex either.
In June of 2015, a warrant was served on my ex and he was arrested for the offense of possession from the stop in August of 2014, when he agreed to be a CI.
Now, the grand jury has indicted him as "on or about" June 6, of 2015 (when in fact it was August of 2014) for the offense of possession with intent to deliver and they have added paragraphs to enhance AND habitual using an offense in 2008 of burglary (which was an offense that our son, by the same name, was convicted and is still on parole for).
What can we do to get the indictment thrown out.?
Customer: replied 1 year ago.
Actually, when reading the indictment, under the enhancement allegations, they cited Burglary of a Habitation, Count I AND Burglary of a Habitation, Count 2.
These were both our sons' convictions.
Expert:  Dwayne B. replied 1 year ago.
I'm more than willing to discuss this matter with you and I have a lot of experience with criminal law in Texas.
However, before we go any further I just want to make sure that you understand that I only provide information that is correct and with no eye toward whether the customer "likes the law" or not. Unfortunately, the customer often gets upset about the law and occasionally issues a negative rating because the law is not in their favor.
The website is designed so that the rating system is based on the experts providing a timely service with information and I just wanted to make sure that you understood how the system works and that you will rate me on my professionalism and not on whether the law is in your favor or not, since I have no control over that.
With that understanding, do you want me to discuss this in more detail with you?

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