Murfreesboro, TN asked in Criminal Law for Texas

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?

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1 Lawyer Answer
Vonnie Clay Dones III
Vonnie Clay Dones III
  • Criminal Law Lawyer
  • New York, NY
  • Licensed in Texas

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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