What r the changes of getting habitual taken off a 3 degree felony DWI what options does he have
San Antonio, TX |
He did two years for a three DWI about 11 years ago then last year got another DWI which became a felony then when he was 16 years old he got his first felony with assault with a deadly weapon so all together that makes 3 felonies
Only the defense attorney working his case can tell you the chances of that. It will depend on the facts of his case, the DA assigned, which court he's in, and the work of his attorney.
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The habitual enhancement will turn a 3rd degree felony into a first degree felony. So he will go from an exposure of upto 10 years to an exposure of up to 99 years. It is possible to negotiate away the habitual enhancement (especially pre-indictment). So get an experienced criminal defense attorney retained pronto and focus on minimizing his exposure especially if he does not have any legal or factual basis to build a strong defense strategy upon.
In any situation where someone is charged with a felony DWI, they need an experienced local DWI lawyer. There may be issues the attorney can use to try to get the habitual part waived.
Austin DWI Lawyer
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