Can an indictment be amended?

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by Grant St. Jullian III

September 7, 2016

Asked 8/17/2016 Austin, TX

I was indicted for my 5th DWI. In the indictment they referenced my 3rd and 4th to justify charging me with a 3rd degree felony. Can they amend the indictment to enhance?

Answer

Yes, an indictment can be amended. In your case, however, adding paragraphs to the indictment about your 3rd and 4th DWI convictions does not change the degree of the charge against you; after two DWI convictions, any subsequent DWI will be a third degree felony (see Texas Penal Code Section 49.09 (b) (2)). If, however, there were felony convictions entered in your 3rd and 4th DWI cases, the punishment range you are facing on your current charge is increased. Talk with your attorney right away; the only reason to add these paragraphs to your indictment is to put you in prison for a longer time.

About the author 

Grant St. Jullian III

Bachelor of Science in Chemical Engineering – 1979 Univ. of Pennsylvania
Doctor of Jurisprudence 1982 University of Texas @ Austin
Licensed by the Supreme Court of Texas since 1982.

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