Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I an indictment tracking penal code 12:35 (c)(1) fails to…

Customer Question
I an indictment tracking penal...
I an indictment tracking penal code 12:35 (c)(1) fails to allege during the commision of the offense is the indictment void?
Submitted: 4 months ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 1 hour by:
3/14/2018
Criminal Lawyer: Nate, Lawyer replied 4 months ago
Nate
Nate, Lawyer
Category: Criminal Law
Satisfied Customers: 10,724
Experience: Over 10 years of criminal defense practice.
Verified

Thank you for your question. My name is ***** ***** I will be assisting you today.

An indictment does not always have to completely match the wording of the statute to be valid. What is the exact wording that is used?

Ask Your Own Criminal Law Question
Customer reply replied 4 months ago
Idk he’s incarcerated and I’m just trying to help him out with a couple of questions he needed asked
Criminal Lawyer: Nate, Lawyer replied 4 months ago

Okay. The issue with attacking the indictment is that even if it is thrown out for a reason like this (a technical reason), the state can always go back before a grand jury and present the case again, with the proper wording. There may be other things that can be attacked, but this is not one that is going to result in any real results.

Ask Your Own Criminal Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a criminal lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Nate Your Own Question
Nate
Nate
Nate, Lawyer
Category: Criminal Law
Satisfied Customers: 10,724
10,724 Satisfied Customers
Experience: Over 10 years of criminal defense practice.

Nate is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,248 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,153 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,984 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

10,724 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,638 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

Barrister

Barrister

Criminal Defense Law

1,255 satisfied customers

17 years practicing criminal defense.

< Previous | Next >

Related Criminal Law Questions
Michigan State, dating back to 2014 was arrested but never
Michigan State, dating back to 2014 was arrested but never charged for a dui....no action was ever taken. I was given a paper lisence which I still have and just renewed … read more
Colleen Grady
Colleen Grady
Assistant Principal
Juris Doctor
405 satisfied customers
I'm from Texas, my spouse was a victim of abuse that
I'm from Texas, my spouse was a victim of sexual abuse that continued though most of their childhood into their teens. The abuser was an older (by 7 years) family member. Is there a stautue of limitat… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,940 satisfied customers
my son, in December got a citiation for drug paraphernalia
my son, in December got a citiation for drug paraphernalia class C misdemeanor. He is a junior in college and would like to go to medical school. His grades are excellent. We live in Texas. We current… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,553 satisfied customers
If you have a deferred adjucation 3rd degree felony for controlled substance in Texas and
If you have a deferred adjucation 3rd degree felony for controlled substance in Texas and you complete all probation requirements can it be expungeed.… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,553 satisfied customers
My husband has been charged with a Third Degree Felony for
My husband has been charged with a Third Degree Felony for Theft over 15K. He is due to get off probation in February 2012...February 8, 2012. He has never been in trouble with the law for a felony an… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,638 satisfied customers
How long can the police hold a vehicle before they actually
How long can the police hold a vehicle before they actually prosecute the owner for possesion of contraband?… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,553 satisfied customers
My son has a terroristic threat on his record( Misdemeanor).
My son has a "terroristic threat" on his record( Misdemeanor). This was for a domestic disturbance call made by his wife because she wanted him to leave the house during an argument. While she was on … read more
Barrister
Barrister
Criminal Defense Law
Doctoral Degree
1,255 satisfied customers
how long can someone be convicted of rape/ date rape after
how long can someone be convicted of rape/ date rape after the crime in which a child was conceived?… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
If you have been arrested but not convicted.....does that show
If you have been arrested but not convicted.....does that show up on a criminal background check?… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
2,153 satisfied customers
I would like Paul,MJD to reply to my question PLEASE, as my
I would like Paul,MJD to reply to my question PLEASE, as my son is south of houston in TERRELL UNIT AT ROSHARON, TX.… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was convicted with a possession of paraphernalia about 4
I was convicted with a possession of paraphernalia about 4 years ago. Is there anything I can so to get it off my record?… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
My female friend is on parole in Michigan for retail fraud
My female friend is on parole in Michigan for retail fraud and possession of narcotics. SHe says she needs $2500 to pay a convenience store owner for some bad checks she wrote to him in Spring 2005. S… read more
JD
JD
Doctoral Degree
1,328 satisfied customers
i was arrested aug. 31 for owi and child endangerment and still
i was arrested aug. 31 for owi and child endangerment and still have not recieved tickets or an appearance date how long does the court have to pursue an open case… read more
dkennedy
dkennedy
Attorney
Juris Doctorate
27 satisfied customers
I meet the criteria for expunging a five year old arrest record
I meet the criteria for expunging a five year old arrest record in Dallas Texas, but I cannot afford a lawyer. Can I file a motion myself or is there any truth to the rumor that arrests "drop off" one… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
2,153 satisfied customers
How can I get my record esponged. I have a theft case that
How can I get my record esponged. I have a theft case that is over five years old,it was a conviction and everything satisfied courtwise. I have failed once to do so, denied by the same judge who sent… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
2,153 satisfied customers
my record comes up pending robbery 3rd possion 3rd it was first
my record comes up pending robbery 3rd possion 3rd it was first arrest of any kind none since this was 6/2004 interested in expungement if possible this was in al i now live in tx 720 miles reason i n… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
2,153 satisfied customers
can an indictment for murder not be signed by the district ...
can an indictment for murder not be signed by the district attorneys office in any state in the u.s.a.?… read more
Michelle
Michelle
Doctoral Degree
2,604 satisfied customers
How does the district attorney have to take a case to a
How long does the district attorney have to take a case to a grand jury when criminal charges have been filed against an individual by another individual? I have a client that was involved in a family… read more
LawNinvest
LawNinvest
Attorney
Juris Doctorate
66 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x