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Questions Answered by Edgardo Rafael Baez
2 Answers | Asked in Criminal Law for Texas on
Q: A family member been arrested for aggregated sexual assult on a minor how can he prove he didn't do anything

How can prove he not guilty if there accusing him because a charge like that nomatter what the person being accused has to say they always believe the person that's the victim

Edgardo Rafael Baez
Edgardo Rafael Baez
answered on Apr 10, 2023

These types of cases in Texas are difficult because, the law has changed and the need for experts to support the defendant's side. Here is my webpage on this issue so that you may read more about it. Blessings!

https://www.erbjrlaw.com/experienced-sex-crime-lawyer-in-san-antonio/

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3 Answers | Asked in Criminal Law for Texas on
Q: trying to find an attorney to represent you to prove actual innocence and ineffective assistance of counsel to withdraw

to withdraw his plea

Edgardo Rafael Baez
Edgardo Rafael Baez
answered on Apr 10, 2023

In Texas, there is no such a defense as innocence and as stated by other lawyers, it is difficult to obtain it. Please, contact a criminal defense lawyer and have a consultation with them. This forum is difficult to give you more clear answers. Blessings!

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3 Answers | Asked in Criminal Law for Texas on
Q: My husband is being wronged in so many way and I don’t know what to do he is being charged for burglary of a building

And we work together and because of his past they put it on him when there was several other employees to look at

Edgardo Rafael Baez
Edgardo Rafael Baez
answered on Mar 27, 2023

Sorry to hear about your husband. The problem with these types of cases, particularly when a person has priors, is that the presumption of innocence is more difficult to avail. In other words, when a person has had encounters with the law, it becomes more difficult to say that said person is... View More

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2 Answers | Asked in Criminal Law for Texas on
Q: Under Texas health and safety code 481.126 , if the indictment doesn’t name a substance nor a penalty group is it void
Edgardo Rafael Baez
Edgardo Rafael Baez
answered on Jan 2, 2021

Most likely, the charge includes the code, not the indictment. The indictment only covers the occurrence and the mentioning of the offense. Blessings!

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2 Answers | Asked in Criminal Law and Federal Crimes for Texas on
Q: My step daughter is 18 years old first time arrested she was transporting illegal immigrants Del Rio Tx.since Nov16

I don't what to do we live in Austin Texas. It' s her first time being arrested she's 18 yrs. of age. And not knowing any information it's devastating. Not even a call. We didn't know she had lefted out to Del Rio

Edgardo Rafael Baez
Edgardo Rafael Baez
answered on Nov 19, 2020

I know the feeling but her lawyer should be able to tell you something about your daughter. Blessings!

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1 Answer | Asked in Criminal Law for Texas on
Q: How long is typical for a county jail to hold a person for another county in Texas...concerning probation violations?

Also,once arrested, they placed him in maximum security at the jail in Houston, TX. He states that there was no violence or verbal threat, etc. whatsoever. He doesn't understand why he has been placed there and OF COURSE, they won't tell him.

Edgardo Rafael Baez
Edgardo Rafael Baez
answered on Nov 17, 2020

Thanks for your question. Since COVID, we have seem some strange things in county and other jail facilities in Texas. Although no one can answer you for sure, you should get some answers by hiring a local lawyer. Blessings!

2 Answers | Asked in Criminal Law for Texas on
Q: How can I get a pro Bono criminal defense attorney for someone in jail for an apr without bail to request bail asap
Edgardo Rafael Baez
Edgardo Rafael Baez
answered on Nov 17, 2020

Contact the Texas Rio Grande Legal Aid for that blessings but that may be hard to get, since defendants in a criminal setting are entitled to court appointed representation. Blessings!

www.erbjrlaw.com

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1 Answer | Asked in Criminal Law and Identity Theft for Texas on
Q: Is it considered impersonating a peace officer when answering the phone "Sheriff's Department,..." for possible scammer?

When receiving phone calls from possible scammers, is it illegal to say "Sheriff's Department, Fraud Division. This is a recorded line, how may we help you?" when answering the phone?

Edgardo Rafael Baez
Edgardo Rafael Baez
answered on Nov 19, 2019

I must say, although this is a clever way to get rid of these scam calls, I would select another entity to imitate, although it does not appear that you would be impersonating an officer but I would not take a chance if I was you. Many blessings to you!

1 Answer | Asked in Criminal Law for Texas on
Q: Is the smell of marijuana in a vehicle probable cause in Texas. Also can officers search a vehicle with suspicious only?
Edgardo Rafael Baez
Edgardo Rafael Baez
answered on Nov 19, 2019

This is a good question, and the answer would be depends. You see, if you are driving and the cop just stopped you for no reason, other than the smell, then your lawyer can argue the probable cause issue; however, if you are just parked, and the cop smells it, then my friend it is enough for... View More

2 Answers | Asked in Criminal Law for Texas on
Q: Can the school file charges on my 14 yr old daughter for possession of a controlled substance if a friend gives her a hy

Hydrocodone pill at School and she gives it away to another lid cause she didn't want it..

Edgardo Rafael Baez
Edgardo Rafael Baez
answered on Nov 19, 2019

To be clear, the school can investigate and get the police involve whom are the ones that can file the charges. I have seen charges filed on less than that. Please, hire a lawyer for your daughter. Blessings for you and your family.

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3 Answers | Asked in Criminal Law for Texas on
Q: Does there have to be a professional comp eval for a retrospective comp hearing in TX

Defendants attorney requested a professional comp eval before trial, the judge held informal eval and stated not enough evidence of incompetency. On appeal the appealate court found some evidence and sent back to trial court. The trial judge still refused to give professional psyc eval at the... View More

Edgardo Rafael Baez
Edgardo Rafael Baez
answered on Nov 19, 2019

When you say comp hearing, are you talking about competency to stand trial?

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