Q: TX quashing felony indictment. Errors. Of facts in the enhancement clause of indictment ,reindictment/or matter quashed

Manf/delay indictment enhancement for penalty increasee states convictions without dates or any other info one conviction stated is false...2nd conviction committed prior to the first conviction being final..not eligible to use for enhancement..if I file a motion to quash indictment for the error do they have an option to reindict..or because the indictment information to the grand jury was the charges in the indictment are quash and so is the case please advise should a habeas corpus be filed pretrialif prior to trial these errors are not mentioned are they then not preserved for appeal.. I'm trying to understand why atty only stating she does not want the prosecution to be aware of their error or they would have to prove everything in the indictment however am I right that it's not brought to the attention it could not be preserved for error on appeal and/or if it could ..the Appellate Court give mer we relief yet still uphold sentence on a conviction..not understanding strategy

1 Lawyer Answer
Robert Sterling Guest
Robert Sterling Guest
PREMIUM
Answered
  • Criminal Law Lawyer
  • Forney, TX
  • Licensed in Texas

A: You need to hire a lawyer. Don't try to file your own writ or Motion to Quash. If you care about the outcome have an experienced professional help.

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