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My husband was on parole which would be done in January

Customer Question
My husband was on...

My husband was on parole which would be done in January 2019. He caught a new assault charge with previous conviction (3rd degree felony) they offered him 10 years he didn't take it is hoping to counteroffer or go to trial.Im new to this and just trying to see if he has other options

Lawyer's Assistant: What was the conviction for exactly? Have all appeals been exhausted?

Assault on family member with previous conviction

Lawyer's Assistant: In what state did the assault occur?

Texas

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No i don't think so

Submitted: 3 months ago.Category: Criminal Law
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Answered in 16 hours by:
3/28/2018
Criminal Lawyer: Jonathan Holson, Criminal Defense Lawyer replied 3 months ago
Jonathan Holson
Jonathan Holson, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 116
Experience: Associate at Martin and Wagner, P.A.
Verified

My name is ***** ***** I have been a criminal defense attorney for fourteen years. Hopefully I can answer your questions. A person charged with a crime always has several options. The first is to go to trial. If the person goes to trial, the state has the obligation of proving the case beyond a reasonable doubt to twelve jurors or a judge if the person waives jury. The witnesses would have to testify against your husband in open court and his attorney would be able to cross examine the witnesses. Your husband could call witnesses of his own or testify himself. If he decided not to testify no one could argue he was guilty because of that.

Your husband can also try to enter a plea bargain. Generally speaking the offer that your husband accepts or declines is up to the prosecutor. But frequently there is negotiation back and forth between the parties which means your husband's attorney can make a counter offer. That does not mean that the counter offer will be accepted. If the counter offer is rejected, your husband will have to decide whether to go to trial or not. Does this answer your questions?

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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).

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