Here is the info in CCP 231, that I was wondering might included the execution of indictments, even though an indicment is not actually listed as a process that can be executed as per this section. If a jailer licensed under Chapter 1701, Occupations Code, has successfully completed a training... View More 
answered on Jul 28, 2012
The section is 2.31 of the Code of Criminal Procedure (not 231). The question as posed, "executing indictments" is confusing. Regarding indictments, Art. 25.01 provides as follows: "In every case of felony, when the accused is in custody, or as soon as he may be arrested, the clerk... View More
answered on Jul 28, 2012
In general, Sections 22.011 and 22.021 of the Texas Penal Code provides the range of punishment. Section 22.011 is entitled "Sexual Assault". Subsection (c)(1) defines "child" as a person "younger than 17 years of age."
Depending on the specific facts, an... View More
answered on Jul 28, 2012
I think you mean "civil" lawsuit (not "criminal" lawsuit). A criminal case generally begins with an indictment and is brought in the name of "The State of Texas". If you are looking to see if a civil lawsuit was filed against someone or their business, you will need to... View More
answered on Jul 27, 2012
Based on those facts, this was a conviction. Pursuant to Article 55.01 of the Texas Code of Criminal Procedure, unless he was pardoned, he cannot apply for an expunction.
answered on Jul 27, 2012
Two recent bills in the Texas House:
HB916: http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=82R&Bill=HB916
HB359: http://www.legis.state.tx.us/BillLookup/History.aspx?LegSess=82R&Bill=HB359
answered on Jul 27, 2012
No expunction under Article 55.01 of the Code of Criminal Procedure. You may be eligible for what is generally called a "deferred adjudication order of nondisclosure" pursuant to Texas Government Code Section 411.081.
answered on Jul 27, 2012
The Texas Penal Code Section 38.04 entitled "Evading Arrest or Detention" provides:
(a) A person commits an offense if he intentionally flees from a person he knows is a peace officer or federal special investigator attempting lawfully to arrest or detain him. The ultimate issue is... View More
answered on Jul 8, 2012
While anything is possible, it is not probable that a District Attorney's office will reduce a felony (in this case a state jail felony) to a misdemeanor. For first time offenders, you may be offered deferred adjudication on the felony offense.
answered on Jul 8, 2012
I'm assuming the "HEARING JUL 11 TO KEEP LICENSE. HELP?" is the ALR (Administrative License Revocation) hearing?
If so, the ALR is a separate CIVIL, administrative process separate from the criminal DWI case.
Your grandson was asked to take a chemical test to measure... View More
How can I start?
answered on Jul 8, 2012
In general, a Notice of Appeal must be filed within 30 days of the date the defendant was sentenced. However, if a Motion for New Trial was filed, then the appeal must be filed within 30 days after the Motion for New Trial was denied.
This appeal goes to one of the 14 Courts of Appeal in... View More
answered on Jul 8, 2012
No. Texas Penal Code Section 12.32 provides that individual adjudged guilty of a felony of the first degree shall be punished by imprisonment in the institutional division for life or for any term of not more than 99 years or less than 5 years.
A person convicted of theft less than $5,000
answered on Sep 22, 2011
Try this answer to a previous expunction question: http://bit.ly/p8Rg6k
answered on Sep 22, 2011
If the value of the property is $50.00 or more but less than $500.00, it is a Class "B" misdemeanor.
answered on Sep 1, 2011
The "knock and announce" rule is part of the "reasonableness" inquiry under the 4th Amendment. In general, law enforcement officers must announce their presence (i.e."knock and announce") and provide the resident(s) with an opportunity to open the door. See: Martinez... View More
answered on Sep 1, 2011
Texas Code of Criminal Procedure Article 17.08 provides that a bail bond must contain the following requisites:
1. That it be made payable to “The State of Texas”;
2. That the defendant and his sureties, if any, bind themselves that the defendant will appear before the proper... View More
answered on Sep 1, 2011
The 144th Judicial District Court is in Bexar County, Texas.
http://www.bexar.org/judges/JudgeStahl.html
answered on Aug 30, 2011
In Texas, it's referred to as "Spousal Maintenance". Under V.T.C.A Family Code Section 8.052, a court that determines that a spouse is eligible to receive maintenance must determine the nature, amount, duration, and manner of periodic payments by considering all relevant factors,... View More
answered on Aug 30, 2011
Justia.com has a link for general information: http://dockets.justia.com/docket/texas/txndce/3:2011cv01402/207378/
However, you will need a PACER subscription: http://www.pacer.gov/
to access the filings. There is a cost associated with PACER.
Family member had kids taken away by CPS, was given a court date of this coming Tues and then the other parents attorney cancelled the date according to the family member.
answered on Aug 30, 2011
Texas Rule of Civil Procedure 247 generally provides: "No cause which has been set upon the trial docket of the court shall be taken from the trial docket for the date set except by [1] agreement of the parties or [2] for good cause upon motion and notice to the opposing party." So,... View More
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