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My husband was on parole which would be done in January

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

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Answered in 44 minutes by:
3/24/2018
DanLegal
DanLegal, Lawyer
Category: Legal
Satisfied Customers: 321
Experience: Partner at McCollum Hodgkinson, P.C.
Verified

Hello my name is ***** ***** I am happy to help - does he have an attorney? Who is the victim in the new assault? What are the circumstances of the new charge?

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Customer reply replied 27 days ago
He does have an attorney but has only spoken to him twice..not sure if it's too late to get a new one.the victim is his daughter but since she is a minor the mother signed a non prosecution affividavit and cps also wrote a letter that No harm was done.i think they are just going off his back ground..Hes been on parole for 3 almost 4 years ( monitor) and has not been in any other trouble

Thank you for the information - first, it is never too late to switch attorneys. If your husband does want a new attorney he can get a new one. Second, in those types of cases, where the family member does not want to prosecute or cooperate, your husband is in the drivers seat. They will not be able to prosecute him unless he admitted to the allegations. Couple that with the CPS letter, it doesn't seem there is enough evidence to convict him. The prosecution will have to come back with an offer than makes much more sense.

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I believe I have answered your question - can you please rate my answer with 5 stars

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Customer reply replied 27 days ago
when he talks to them again after saying he wants a trial.. In your experience do you think the 10 years can be reduce since he currently has been incarcerated since July which is 9 months and in travis county think it's times 2 so he has 18 months time served right

Yes I think it will be reduced significantly

DanLegal
DanLegal, Lawyer
Category: Legal
Satisfied Customers: 321
Experience: Partner at McCollum Hodgkinson, P.C.
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Customer reply replied 27 days ago
Thank you
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DanLegal
DanLegal
DanLegal, Lawyer
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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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