Q: Can a prosecutor raise one charge from a misdemeanor to a felony because he couldn't charge on a different charge
MY BROTHER hit a cop car in Texas and was caught with cbd gummies. He refused a breathalyzer. The dui was placed under a misdemeanor while they were awaiting results from the lab over the cbd. The lab couldn't test the cbd and because so, they decided to up the dui to a felony because they couldn't charge him with the cbd. Can that legally be done?
A: In order for the State to charge your brother with a felony DWI in Texas, your brother would have to be charged with a third DWI offense, intoxication assault, intoxication manslaughter, or a DWI with a Minor under 15. You should hire a criminal defense attorney to review the facts and evidence of your brother's case to determine whether or not the State made a mistake.
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