Understanding Texas Legal Charges

Summary

In Texas, charges can be filed by information, meaning a prosecutor brings charges without a grand jury. This is common in misdemeanors but can apply to felonies. For murder charges, even if witnesses are unreliable, their statements can be used if supported by other evidence. You can challenge witness credibility and file motions to exclude irrelevant past criminal history. Consider consulting a local attorney for guidance on these legal strategies.

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Montgomery tx
In Texas, "filed by information" means that a prosecutor has brought formal charges against you without a grand jury indictment. This is common in misdemeanor cases but can also apply to felonies.
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Is there a reason
It seems you are looking for more clarification.
In Texas, formal charges can be brought either by a grand jury indictment or by information filed by a prosecutor. This usually happens when there's enough evidence to charge you without needing a grand jury.
Do you have specific concerns about the charges or the process?
Who decides that
In Texas, the decision to file charges by information is typically made by the prosecutor after determining there is sufficient evidence to proceed with the case without a grand jury indictment.
Do you have any specific concerns about this process or need advice on how to proceed?
Is there a loophole to get charges drop if filed by info
In Texas, there are a few potential ways to challenge charges filed by information:
- File a motion to dismiss if there's insufficient evidence.
- Assert your right to a speedy trial.
- Negotiate a plea deal.
- Challenge the constitutionality of the charges.
Do you need more details on any of these options?
What if its a murder charge no one seen the crime but were present
For a murder charge in Texas, even if no one witnessed the crime, evidence such as forensic data, witness testimonies, and circumstantial evidence can still be used to build a case.
Would you like more information on possible defenses or the legal process for murder charges in Texas?
What if the witness statements are by criminals and drug addicta
In Texas, the credibility of witnesses can indeed affect the strength of the case. However, even if witnesses are criminals or drug addicts, their statements can still be considered if corroborated by other evidence.
Would you like more information on how to challenge the credibility of these witnesses in court?
What if i there is barely no evidence but there holding his background history against him
Given the seriousness of a murder charge and the concern about the use of background history against the accused, here are some points to consider:
- Character Evidence Rule: Generally, the prosecution cannot use past crimes to prove the defendant's character in order to show action in conformity therewith on a particular occasion.
- Motion to Exclude: File a motion to exclude evidence of past criminal history unless it is directly relevant to the case.
- Challenge Credibility: Focus on challenging the credibility of witnesses and the evidence presented.
Would you like more information on filing a motion to exclude past criminal history or on challenging witness credibility?
Yes
To file a motion to exclude past criminal history, you or your attorney would need to argue that such evidence is prejudicial and not directly relevant to the case.
Would you like guidance on finding a legal representative to assist with this process?
What if the witness statement has changed
In Texas, if a witness statement has changed, it can impact the credibility and strength of the prosecution's case. Here are some points to consider:
- Impeachment of Witness: You can question the reliability of the witness by highlighting inconsistencies in their statements.
- Cross-Examination: Your attorney can cross-examine the witness to expose contradictions.
- Motion to Dismiss: If the changes significantly weaken the case, your attorney might file a motion to dismiss.
Would you like more details on how to proceed with impeaching a witness or filing a motion to dismiss?