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I have been indicted on a criminal charge in Texas. It is a state jail felony for first time offenders. It is a third degree felony for those who have a prior conviction of the same offense. I am a first time offender. My arrest report states "without a previous conviction." However my indictment document states "with previous conviction", a third degree felony. The charge on the indictment is obviously incorrect. I have no previous conviction. I read that an incorrect indictment can be amended up until the trial but will result in a case dismissal at trial. Is that true? If so, can the prosecutor just file another indictment with the correct charge? What's the likely hood of that happening?