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can the state do this?

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brent0025

Member
What is the name of your state? TX

I was arrested for public intoxication and resisting arrest. I was just offered deffered probation for a year from the prosecuting attorney. I have a COURT APPOINTED ATTORNEY who thinks i should take this offer.He says if I dont take his offer the state may try to file another charge of DWI. Can the state do this? I was never charged with DWI to begin with. Upon reviewing my tape its shows nothing of my car and me waiting for a ride outside of a bar which isnt on the tape. At no point was I in my car except to grab my cellphone to call for a ride.. The car was not on... I guess my question is can the state file additional charges after I was arrested for something completely different?
 


CdwJava

Senior Member
The prosecution can TRY almost anything. However, if the elements of the crime do not fit the facts that can be proven, the charge would not get very far.

If you were sitting in the car or at any time were in a position to control the operation of the vehicle while intoxicated (even before the cops showed up) it might be possible under TX law to charge you for DWI.

If you are inclined to plead, you might consider the offer before you. If not, it just might be that they will prosecute with everything they can hit you with and you could spend time in jail instead of a deferred program of probation.

Lastly, if you do not like the representation you are receiving, beg, borrow, or go into serious debt to hire a private attorney. If this is not a DUI case, then chances are your court-appointed attorney has a good feel for what needs to be done as he likely deals with the DA and the local court system every day.

Your call.

- Carl
 

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