If it goes to trial is there a possibility that we loose and he can get max term

Asked about 1 year ago - San Antonio, TX

Have a confession that husband admitted to aggrivated robbery but was on medication when it all happened so he can recall if he did or didn't. But when I get the location and date there are 3 photos I cant be 100% sure its not him . Says clerk identified him in pic line up and have finger print, but hasn't shown husband anything. And when. Show her pictures that looked up and printed out because its been 5 mths of court she brings up video of confession. Want to give him 12 yrs for something I believe he didn't do and those photos are not him

Attorney answers (5)

  1. Cynthia Russell Henley

    Contributor Level 20

    5

    Lawyers agree

    Answered . If he goes to trial and the jury convicts him, they can give him any term of years within the range of punishment.

    He has a lawyer who should be talking with him about potential defenses and his exposure. He may also consider hiring an expert in facial recognition to compare him (or known photos of him) to the photos in the video.

    Cynthia Henley
    713-222-1220

  2. Stephen Andrew Hamer

    Contributor Level 17

    2

    Lawyers agree

    Answered . Yes possible, because anything's possible. You need to speak with local criminal defense attorney.Try the FIND A LAWYER tab on this website. They will be able to better help you after a review of all your specific facts. Many will speak to you initially for free.

    BEST ANSWER I got.... and I HOPE I WAS HELPFUL!! Steve Hamer answers questions on Avvo for general information... more
  3. Stephen Neil Foster

    Contributor Level 15

    2

    Lawyers agree

    Answered . As an attorney, I would want to have some sort of good explanation for 1) confession, 2) fingerprints and 3) eyewitness identification.

    Whether to plea or go to trial is a decision that only your husband can make. He should carefully consider the evidence against him. Your husband has very important decisions to make.

    If the charge is a first degree felony then the punishment range, assuming he has no prior felony convictions, is 5-99 years or life.

    If he goes to trial then the full range of punishment will be available. It is important that he knows what the possibilities are before he makes his decision.

  4. Anthony Michael Solis

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . You really should discuss this matter with the attorney assigned to his case. No one on a public forum can give you an accurate sentencing scenario with the limited information in your post.

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT... more
  5. Larry P. Mcdougal

    Pro

    Contributor Level 6

    Answered . 12 years for Agg Robbery is not that bad of an offer in this part of Texas. That would indicate to me that there may be some issues that the prosecution has with the case for the offer to be that low. In Texas if the jury finds him guilty he could get from 5 years to Life or probation from them. If he is found guilty 12 years may appear to be a gift. He needs to spend some serious time with his attorney discussing his options. The prisons are full of innocent people.

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