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?

Asked almost 3 years ago - Kingwood, TX

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

Additional information

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.

Attorney answers (4)

  1. Scott Douglas Marquardt

    Contributor Level 14

    Answered . 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.

  2. Richard Keith Oliver

    Pro

    Contributor Level 10

    Answered . 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.

  3. Cynthia Russell Henley

    Contributor Level 20

    Answered . 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.

  4. Richard Timothy Jones

    Contributor Level 17

    Answered . 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... more

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