Buda, TX asked in Criminal Law for Texas

Q: Can the wording of an indictment be changed verbally at the time of the plea but not put in writing?

The ADA changed the wording of the document for the record but I was told by my public defender that they would not do so in writing as they would have to re-indict me. Is this true.

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John Cucci Jr.
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Answered
  • Criminal Law Lawyer
  • Houston, TX

A: Mostly true.

If the DA wants to change the charges or facts in an Indictment, they need to do so in writing. In some rare cases, the judge will allow a plea to a verbally amended Indictment. This is done when you also state on the record that you give up your right to appeal.

If you are going to do years off of this case, I would file a Writ of Habeas corpus after you get sentenced.

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