Each element of an indictment must be proven in court, by the prosecuting attorney, beyond a reasonable doubt (the highest burden of proof) which means that if he/she fails to prove the element as to the schedule you would be entitled to a not guilty verdict; there can be exceptions to this such as if the Defendant testifies and the State asks for a charge as to the other schedule, etc. A dismissal alone will do nothing as the State can go back and re-file/re-indict the case with the correct schedule. Call an attorney asap.
Your attorney can file a motion to quash the indictment, but the DA will just amend it. The law gives the State wide latitude to amend an indictment right up to trial. This is an matter to discuss with your attorney.
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An indictment can be amended up to the start of trial. I usually advise persons not to quash unless the statute of limitations has expired.
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My answers are intended only as general legal advice and are not intended to create an attorney-client relationship. There is no substitute for a full consultation with a local experienced criminal defense attorney. For more answers based on my 19 years of experience visit my website, www.austincriminaldefenseattorney.com