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Does a defendant have to be put on notice how much time they are facing at arraignment

Temple, TX |

at arraignment they were advised 0 to 20 but then given life

Attorney Answers 2


  1. The Texas Code of Criminal Procedure in Article 26.02 explains the purpose of Arraignment. It states that “An arraignment takes place for the purpose of fixing his identity and hearing his plea.”
    In Bell County one of the District Courts will inform the defendant of his range of punishment for the primary indicted charge. There are times when the charge is amended or enhancement paragraphs are added. These can affect the range of punishment. If it is a plea then the defendant is informed of the range of punishment before the plea. If it is a trial then he should be informed of the range of punishment by his attorney.

    Bobby Barina's answer to a legal question on Avvo does not establish an attorney-client relationship. Mr. Barina offers everyone a free consultation to discuss their case. Feel free to call his office at 254-699-3755 to make an appointment or visit his website at www.bobbybarina.com for more information about his services.


  2. It's a long time between arraignment and sentencing. Although the range of punishment on a second-degree felony is 2-20, an individual's potential punishment range can be higher if they have enhancement paragraphs on their indictment from prior pen trips or if their indictment is amended to include any number of other factors that can affect the range. The defendant certainly should have been properly admonished on the record before the open plea or trial of the accurate range of punishment at that time. If this was not done, you should hire an appellate attorney to review the record for possible grounds for appeal.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at www.macyjaggers.com for more information about her services and recent victories.

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