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Criminal defense attorney

Asked almost 3 years ago - Wylie, TX

Recently 2 friends were charged with agg. assault with a deadly weapon because of road rage, one friend actually threw the object at the other car the other friend was just there with her. They both were charged and she has already gone to court and recieved 3 years deferred adjudifacation and community service and so on. He is sitting in jail on a $100,000 and the first plea bargain he recieved was 3 years prison. (He has a prior criminal record, but is innocent in this charge.) He cannot afford bail and trial charges of a lawyer but if he doesn't get out and then also go to trial it will ruin the majority of his future plans for something he didn't do. please help.

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Attorney answers (4)

Herman Martinez

Reputation Level 13

Answered almost 3 years ago. Criminal Defense Attorney in Houston, TX.

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Your friend is presumed to be innocent. Thus, if the prosecutor does not dismiss the charges he MUST take the case to trial. The problem is that it takes close to a year to get a felony case to trial. I truly feel for someone in his position.

If he can not afford a lawyer the court will appoint him one. He probably already has a lawyer because he has been offered a plea bargain. The attorney may request his bond to be lowered. That lawyer will take the case to trial, hire investigators, and do all the applicable research. He should also check if the co defendant (other person) admitted that she committed the crime along with him.

Moreover, the range of punishment for aggravated assualt is from to two to twenty years. Also, if he has previously gone to prison the punishment escalates.

Good luck to all of you.

Houston Criminal Lawyer

Houston Aggravated Assault Lawyer

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Deirdre Lynn O'Connor

Reputation Level 14

Answered almost 3 years ago. Criminal Defense Attorney in Los Angeles, CA.

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If he cannot afford an attorney, the court is required to appoint him one. He should ask for a court-appointed attorney right away.

His attorney will be able to discuss the possibility of a bail reduction and/or bond options. Also, the sooner the attorney gets on the case, the sooner s/he can begin investigating the facts of the case and getting it ready for trial.

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Nicolas A. Gordon

Reputation Level 11

Answered almost 3 years ago. Criminal Defense Attorney in Mansfield, MA.

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The legal fees associated with exercising your constitutional right to a trial should never affect your decision to exercise those rights. If your friend has hired an attorney who is threatening to wihdraw from the case prior to trial, your friend should understand that the attorney needs the court's permission to withdraw and your friend's failure to pay the attorney more money will probably not be considered a justification for withdrawing.

Make sure your friend's attorney files all of the appropriate pre-trial motions such as motions to suppress evidence and motions to dismiss the charges if there are appropriate grounds. An innocent person should never admit to committing a crime.

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Theodore W. Robinson

Reputation Level 20

Answered almost 3 years ago. Criminal Defense Attorney in Hempstead, NY.

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The fact that the DA has only offered a plea bargain with a 3 year sentence tells me that he has more than a small prior criminal history. It also tells me there was more to this story than meets the eye. Just throwing something at another car would rarely, if ever, result in that type of an offer.

As for not being able to afford bail or a trial attorney, if he can't afford one, Legal Aide or a Private attorney may be assigned to him.

You mention that if he has to go to trial, it will ruin his future. That also tells me there's more than meets the eye to this case and that he probably will be convicted of the charges - in your estimation - and apparently you know more about this case than anyone else, other than the Defedant himself. Therefore, he should probably take a hard look at the offer being made to him by the DA and strongly consider it, because if he doesn't take it and it convicted after trial, he will definitely do more time than is being offered now.

Theodore W. Robinson

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