Brenham, TX asked in Criminal Law for Texas

Q: can the D.A. bring up a case the is over 20 years old and add it to a new case to make the crime habitual?

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1 Lawyer Answer
Roy Lee Warren
Roy Lee Warren
  • Criminal Law Lawyer
  • San Marcos, TX
  • Licensed in Texas

A: Possibly, but it depends on the particular situation. The DA can make an enhancement allegations (from previous crimes) to increase the range of punishment, but you for sure will need the assistance of a lawyer. I do not believe it is fair to use previous criminal convictions to increase the level of punishment. One reason is because the language allowing "enhancements" is for "convictions". I do not believe plea bargains are the same as a "conviction" because a conviction by a trial is different according to "Black's Law Dictionary".

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