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I am charged w evading in a motor vehicle,state has agreed to drop the deadly weapon. Will TDC still treat this as a 3G case?

Kingwood, TX |

Offer is 3 years, surrender vehicle, no deadly weapon. Cody Metcalf 713-816-8892

I am now seeking to hire an attorney. I was found 1/4 of a mile away frome motorcycle. I also have the video and there is NO way to ID me nor did I admit to anything. They arrested me based on the fact that I entered a resteraunt breathing heavily and my pants were damp. when police searched local businesses they decided to arrest me and tried to get me to admit to owning or operating the motorcycle. I told them that I had no idea what they were talking about and remained silent and posted bond.

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Attorney answers 4

Posted

If the state withdraws the deadly weapon charge and your plea agreement does not have a deadly weapon enhancement, TDC will not treat it as a 3G. It is critical that your attorney reviews the plea document so that it is plead properly. There are lots of great criminal lawyers in Houston.

Asker

Posted

The state has no case but I am afraid of a trial. All they have is the helmet which could have my hair in it. How much would you charge to take my case to trial in Montgomery County?

Posted

On paper, TDC won't be able to treat that as a 3G offense once the deadly weapon finding is dropped. However, I have had a handful of clients who have told me the parole board may still treat the case as a 3G whether the deadly weapon enhancement is plead and proven, or not. My advice is to hire a lawyer to handle the hearing before the parole board. It's no guarantee, but it'll be a lot more effective than just hoping the Board will adhere to the punishment range as it was plead.

Posted

You should take this down. Lawyers in Harris and other counties regularly look at various sites on the internet. And, you need to hire a lawyer to discuss such things as proof - was the motor cycle in your name? How do they connect you to it? etc.

Deadly weapon? That's interesting. I've had several of these and never had a DW issue arise. Here is the statute:

38.04. EVADING ARREST OR DETENTION. (a) A person commits an offense if he intentionally flees from a person he knows is a peace officer attempting lawfully to arrest or detain him.
(b) An offense under this section is a Class B misdemeanor, except that the offense is:
(1) a state jail felony if the actor uses a vehicle while the actor is in flight and the actor has not been previously convicted under this section;
(2) a felony of the third degree if:
(A) the actor uses a vehicle while the actor is in flight and the actor has been previously convicted under this section; or
(B) another suffers serious bodily injury as a direct result of an attempt by the officer from whom the actor is fleeing to apprehend the actor while the actor is in flight; or
(3) a felony of the second degree if another suffers death as a direct result of an attempt by the officer from whom the actor is fleeing to apprehend the actor while the actor is in flight.
(c) In this section, "vehicle" has the meaning assigned by Section 541.201, Transportation Code.
(d) A person who is subject to prosecution under both this section and another law may be prosecuted under either or both this section and the other law.

Posted

You will not be under a mandatory half flat time before release. There are many factors that go into the decision to grant parole. It is possible that someone could serve half their time before being granted parole.

This is intended as only general legal advice. Feel to visit my website, www.austincriminaldefenseattorney.com for my blog on crime and punishment in Texas You may also email me through my site.

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