Q: Unlawfully Carrying a Firearm
If an officer alleges that an accused was unlawfully carrying a firearm on an alcohol premise ( Texas Penal Code 46.02) while he/she walked inside of a gas station from his/her automobile and back to his/her car, is it possible for the indictment to allege that the accused was NOT en route to his/her automobile when the officer affidavit confirms that the accused was? I am aware that Penal Code 46.02 does not apply to travelers as confirmed by Texas Penal Code 46.15, which is a whole other story, but my question is, can the indictment allege a different set of facts other than what is sworn to in an officer affidavit?
A: Can the indictment allege a different set of facts other than what is sworn to in an officer affidavit? Yes. Assuming they get it past a grand jury, an indictment could allege that you assaulted the Tooth Fairy. Whether the indictment survives a motion to quash and whether the prosecution can prove their case beyond a reasonable doubt ... those are probably he real questions you should be discussing privately with your criminal defense attorney..
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.