June 29, 2017

Asked 6/27/17 – San Angelo, TX

He strangled his mother and told her he was going to kill her. She pressed charges. This is his first offense. His aunt has been speaking to the DA and tells me she wants to get him into rehab for 6 months. Can they do this? Or will he get time or probation? His aunt tells me she “knows” people that can send him to rehab. Should we move the case to another county?

Answer

An individual does not have the power to “move the case to another county”. An individual or family also cannot force the District Attorney to dismiss a case, or make any particular plea bargain offer such as drug rehab. A family or victim of a crime can make their wishes known to the State, but it is up to the prosecutor assigned to the case as to what plea bargain offer will be made on a case, if any. What the ultimate disposition will be in the case you describe is impossible to know at this time. Have this discussion with your fiancée’s attorney. Good luck.

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.

{"email":"Email address invalid","url":"Website address invalid","required":"Required field missing"}