Asked 7/14/2016 – San Antonio, TX

My uncle has been charged with capital murder, he has an indictment & in his records it shows he is awaiting trial? What is going to happen the day of court? Will he be sentenced?

Answer

You will have to talk with your uncle’s attorney to determine the exact status of his case, but a general description of the process is as follows: Your uncle has been charged with a criminal offense. He will retain or will be appointed an attorney. That attorney will be provided a copy of the evidence that the District Attorney has against your uncle. The DA will also provide a plea bargain offer to your uncle via his attorney. Your uncle and his attorney will review the evidence against him and decide if they should waive a trial, plead guilty to the charges and accept the plea bargain offer, or to decline the plea bargain order and have a trial. If at trial, your uncle is found not guilty, the case is dismissed but if he is found guilty, your uncle could be sentenced to up to 99 years in prison or even receive the death penalty. Again, talk with your uncle’s attorney to see where in the process his case stands.