Houston, TX asked in Criminal Law and Juvenile Law for Texas

Q: My son is in custody at Harris County He was out on bond for priors.He is being charged with aggravated robbery with.

deadly weapon.I have talked to his lawyer 2 times and he really has not talked to me.I saw the video and he was on the property but he didn't have the weapon and didn't go in the store.The attorney jas put out 5 years deferred adjudicated probation or 15 years. I feel that is not right I don't see them trying to find the actual person that committed the crime.OI.belive my son can get a lesser charge how can I get that brought to the attention of the attorney.

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1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: Since your son is in custody, it seems likely that law enforcement believes that your son is the actual person who committed the crime. If you have information that a specific other person actually committed the crime, you should share that information with your son's attorney.

Deferred adjudication is a pretty light sentence for aggravated robbery. The State's attorney must think it has a weak case or that your son was involved in the robbery but not the principle actor. Remember that your son can be found guilty of aggravated robbery even if he wasn't the person holding the gun or the person who went inside the store. Lookouts and getaway drivers get convicted of the same charge as the person with the gun.

But every case turns on its own particular facts and circumstances. As an experience attorney who is familiar with your son's case, I recommend your son listen to his attorney in making a decision whether to accept or reject a plea bargain.

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