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  1. #1
    Join Date
    Jun 2006
    Posts
    20

    Default What if charges filed do not comply with Code of Criminal Procedure?

    TEXAS

    In the Texas Code of Criminal Procedure Article 71.02 (b) (Engaging in Organized Criminal Activity ) it states that an offense under this section is one category higher than the most serious offense listed in Subdivisions (1) through (10) of Subsection (a) of this section that was committed, and if the most serious offense is a Class A misdemeanor, the offense is a felony of the third degree...

    In this situation the offense is no. (2) a gambling offense punishable as a Class A misdemeanor. The defendants however were charged with a second degree felony at their arraignment. Doesn't the prosecutor have to go by the guideline of the Code of Criminal Procedure? How do you go about getting the charge changed from second degree felony to third degree felony as written?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: What if charges filed do not comply with Code of Criminal Procedure?

    The defendants should be working with their criminal defense lawyer on this issue. Are they represented?

  3. #3
    Join Date
    Jun 2006
    Posts
    20

    Default Re: What if charges filed do not comply with Code of Criminal Procedure?

    Not yet. This case has occurred in two stages for two separate incidents.
    In the first case the defendants had two attorneys, had to fire the first one but did not get reimbursed to the tune of $5000. THe second attorney cost $6000 before it was over. This has pretty well strapped them financially when now faced with the second case as a substantial amount of money was seized at the time of arrest. Charges in the first case were dismissed on all but one person who was given probation.

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