Criminal Law Questions & Answers

Q: If a 17 year old commits a second class felony, what are the penalties in Texas?

1 Answer | Asked in Criminal Law for Texas on Jul 27, 2014

Answered on Jul 28, 2014

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Christopher M. Lankford's answer
17 is an adult in Texas. The maximum punishment is 2-20 years and a fine up to $10,000. There are many other options, and jail time is not automatic. Consult an attorney to discuss specifics and options. This is a very serious charge.

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Q: I'm on felony probation.. By plea bargain.. This is the only thing on my record.. Will I ever be able to get it off ..?

1 Answer | Asked in Criminal Law for Texas on May 25, 2014

Answered on Jul 25, 2014

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Christopher M. Lankford's answer
It depends on the type of probation. If you are on Deferred Probation, then yes, you will be able to get your record sealed after completing the probation and a waiting period.

However, if you are on straight probation, then no, you will generally not be able to seal your record. The only exceptions involve the conviction being overturned or receiving a pardon.

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Q: In the state of TX does one have to admit guilt to receive a sentencing deal after conviction

1 Answer | Asked in Criminal Law for Texas on Jul 24, 2014

Answered on Jul 25, 2014

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Christopher M. Lankford's answer
No. Once you have been found guilty and convicted, it is a matter of agreeing on a sentence or taking it to the judge/jury.

In order to accept a plea offer prior to being found guilty, then yes, you must admit guilt by pleading "guilty."

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Q: Do criminal lawyers take on criminal cases against the state of Delaware on a contingency basis?

1 Answer | Asked in Criminal Law for Delaware on Jul 21, 2014

Answered on Jul 24, 2014

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Charles Snyderman's answer
No. In fact, a Delaware lawyer who does this would be subject to being disciplined.

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Q: Should I talk to the police or get a lawyer? Am I obligated to even talk to the police?

1 Answer | Asked in Criminal Law for Pennsylvania on Jul 17, 2014

Answered on Jul 24, 2014

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Roy L. Galloway III's answer
You should never speak to police without a lawyer present because anything you say can be used against you in court. You don't want the cops to take what you say out of context or testify in court that you said something you did not and it be his/her word as a cop against yours. For your protection just say no. You have no duty to speak. Your 5th Amendment right not to incriminate yourself protects you. Don't waive it by talking.

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Q: If a Judge does not accept a plea deal, can the defendant change his plea?

1 Answer | Asked in Criminal Law for Texas on Jul 9, 2014

Answered on Jul 21, 2014

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Christopher M. Lankford's answer
Yes. If the deal is not accepted, then the defendant may withdrawal his plea of "Guilty."

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Q: if i was in a place where a theft was committed am i going to get in trouble to

1 Answer | Asked in Criminal Law for Texas on Jul 12, 2014

Answered on Jul 21, 2014

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Christopher M. Lankford's answer
That depends. If you were just there and not involved in the theft, then you shouldn't be held criminally liable.

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Q: Texas, son is in jail. 2 DWI 2 DWLI,1 Drug Paraphernalia, 1 Assault with a deadly weapon. Can he get out on PR Bond?

1 Answer | Asked in Criminal Law for Texas on Jul 8, 2014

Answered on Jul 21, 2014

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Christopher M. Lankford's answer
Not likely. However, he may be able to get released or have his bond reduced if he is not indicted within 90 days.

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Q: I was not advised of my grounds to appeal my criminal case. I recieved ineffective assistance of counsel and was wrongly

1 Answer | Asked in Criminal Law for Texas on Jul 14, 2014

Answered on Jul 21, 2014

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Christopher M. Lankford's answer
Yes. You should contact an appellate attorney about filing what we call a "Writ."

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Q: Can a husband and wife be charged for the same drug trafficking case?

1 Answer | Asked in Criminal Law for Texas on Jul 15, 2014

Answered on Jul 21, 2014

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Christopher M. Lankford's answer
Yes. However, whether both are criminally liable would depend upon the facts of the case.

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Q: I was charged with a dwi in MO but live in texas. No prior record at all. What am I looking at for fines or time

1 Answer | Asked in Criminal Law for Texas on Jul 14, 2014

Answered on Jul 21, 2014

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Christopher M. Lankford's answer
This question should be asked to a Missouri attorney. DWI laws vary greatly between states and Missouri law will apply.

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Q: How to handle a class a misdemeanor charge?

1 Answer | Asked in Criminal Law for Texas on Jul 15, 2014

Answered on Jul 21, 2014

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Christopher M. Lankford's answer
I would strongly suggest hiring an attorney. A Class A misdemeanor is punishable by up to a year in jail, so it should not be taken lightly.

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Q: Will dwi from Louisiana show up in Texas

1 Answer | Asked in Criminal Law for Texas on Jul 18, 2014

Answered on Jul 21, 2014

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Christopher M. Lankford's answer
Yes. If this is pertaining to a new criminal case, then a background check will be ran through the FBI database and priors will show up.

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Q: Is it true after 7months of being charged with intent to deliver,and they seized my car,does it get dismissed?

1 Answer | Asked in Criminal Law for Rhode Island on Jan 31, 2014

Answered on Jul 15, 2014

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Neville Bedford's answer
Speak to you attorney to be sure you get (confidential) reliable advice under the particular circumstances. There is not enough information (nor should there be - here on a public bulletin board) to answer this question.

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Q: being charged with simple assault on an officer resisting arrest and an argument with my boyfriend which got them there

1 Answer | Asked in Criminal Law for Rhode Island on Jul 9, 2014

Answered on Jul 15, 2014

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Neville Bedford's answer
Retain an attorney to assist you. These matters are generally rather complex and best not addressed in an open internet chat board.

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Q: A store filed charges for theft against me later they dismissed, can I file charges against them

1 Answer | Asked in Criminal Law for Texas on Jul 3, 2014

Answered on Jul 5, 2014

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Christopher M. Lankford's answer
Not likely. It is a criminal offense to make a false statement to police, but short of that, an offense probably wasn't committed.

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Q: My boyfriend was charged with assault/bdly harm, what kind of time does this charge hold and is there something I can d?

1 Answer | Asked in Criminal Law for Texas on Jun 30, 2014

Answered on Jul 3, 2014

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Christopher M. Lankford's answer
Assault against a family member with choking/impeding breathing is a 3d degree felony punishable by 2-10 years in jail. However, it is often just charged as a misdemeanor punishable by up to a year in jail.

If you do not wish to press charges, speak to an attorney about filing an Affidavit of Non-Prosecution with the DA.

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Q: My fiancé was arrested with charges of assault and bodily injury because I call police how can I drop the charges?

1 Answer | Asked in Criminal Law for Texas on Jun 30, 2014

Answered on Jul 3, 2014

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Christopher M. Lankford's answer
Assault against a family member with choking/impeding breathing is a 3d degree felony punishable by 2-10 years in jail. However, it is often just charged as a misdemeanor punishable by up to a year in jail.

If you do not wish to press charges, speak to an attorney about filing an Affidavit of Non-Prosecution with the DA.

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Q: Can a theft 50-500 be dropped if the Miranda rights were not read at time of arrest?

1 Answer | Asked in Criminal Law for Texas on Jul 1, 2014

Answered on Jul 3, 2014

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Christopher M. Lankford's answer
Failure to have your Miranda rights read to you means that any statements or confessions you made while in custody cannot be used against you. Whether the case is dismissed will depend on if there is any other evidence besides your confession that can be used against you (i.e., witnesses). If so, then don't expect your case to be dropped.

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Q: Would my boyfriend get jail time for slapping me and filed a police report didnt press charges my friend was a witness?

1 Answer | Asked in Criminal Law for California on Jul 1, 2014

Answered on Jul 2, 2014

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Thomas Davis' answer
If you don't cooperate with the prosecutor, the most likely result would be that the new charges would be dismissed. If you do cooperate, the most likely result would be that your boyfriend would be sentenced to probation and required to complete a domestic violence program (that is the likely result here in LA County, other counties might have different dispositions). Good luck with this.

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