This is to discuss sensitive matters outside the public courtroom
answered on Jun 6, 2023
The courts are open to the public. See Article 1, Section 13 of the Texas Constitution. Just because something is sensitive or personal does not mean you have a right to a private hearing with the Judge and the lawyers. The lawyers and Judge might, in some circumstances, have a conference in the... Read more »
i got charged with a less then 1 gram thc concentrate, texas he also said when we were walking to the cop car if anyone ask don’t say nothing about the conversation and say i was getting a hard talking about how i need to change my life basically
answered on Apr 16, 2023
The police can lie to you. The only small caveat would be that they can’t deceive you regarding your constitutional rights (to an attorney, to remain silent, etc)
That is why defense attorneys are always pleading with their clients to remain silent. Don’t make any statement or answer... Read more »
Investigators was following a friend due to info from informant. He called local police and told them to " find a reason to stop him". They did and searched the vehicle with no warrant and no consent cause the truck was not his to give consent to let them search. They found something he... Read more »
answered on Mar 26, 2023
Texas courts require information from an such info to have sufficient indications of identity and reliability, if it is relied upon as the basis for probable cause to stop someone. They look at how much they know about the informant, the recency of the information provided, how detailed the info... Read more »
They dropped my charges and we both had Sam charge. How can they drop mine and not his? He on parole. We didn't take a drug test and the cops had no right to enter our home. He still in jail for something he didn't do. He was on bed sick.
answered on Mar 16, 2023
Inmates released on parole sign “conditions of release” forms. One condition is that the parolee consents to having his residence or any property under his control searched - WITHOUT a warrant.
That being said, he may still have defenses to any criminal charges, or to the revocation of... Read more »
I met my fiance in Iowa and he had an active warrant in Texas. He has been arrested in Iowa and is being held for extradition back to Texas. I was diagnosed with congestive heart failure shortly before I met my fiance and ever since we have been together for the past year he has taken care of me... Read more »
answered on Mar 6, 2023
I do not know the status of the charges (is he on probation? On parole? Is there an open case?)….BUT, regardless, facts and circumstances like the ones you describe are helpful mitigation evidence - evidence that would tend to reduce the punishment - if a Judge or Jury will assess punishment.... Read more »
My daughters car was parked and no one was in the car the police came because of somebody who was helping us move they searched the vehicle and they found a iPhone box and it had drugs in it because I had a iPhone they charged me even though my daughter and me both said it wasn’t ours and it was... Read more »
answered on Dec 31, 2022
Yes - if you are not guilty, then plead not guilty and hire an attorney. They must prove you intentionally and knowingly exercised care, custody, control or management of the controlled substance - beyond a reasonable doubt, in order to convict you of possession. The viability of your defense is... Read more »
Never saw one single bit of evidence against me. Gave my attorney information that would have changed my decisions to a more favorable outcome and he lied made false statements to me while intimidating me into a plea for things I didn’t do
answered on Dec 18, 2022
If you were not guilty, you should not have plead guilty. By pleading guilty, your ability to appeal is extremely limited. As long as you were competent, knowingly, and voluntarily made, it will not be reversed.
Your guilty plea will not be undone because you “did not see one single bit... Read more »
answered on Dec 4, 2022
If you can afford to hire an attorney, thats the best way to try and prove it. Expect to pay a retainer - unless you have significant and measurable damages, an attorney won’t take your case for free (on a contingency fee, where they get paid in the end, only if you do…). You absolutely can... Read more »
I completed probation and also wanna know if I can get that charge expunged
answered on Oct 4, 2022
No. You only can get a charge expunged if it was dismissed without probation / deferred adjudication supervision, or, you were found not guilty at trial.
However, you might qualify for an order of nondisclosure - sealing the offense from public disclosure. Some offenses require a waiting... Read more »
Have been told that law has changed on assault public servant in Texas.Also body cam shows person kicking but don't show actually officer being kicked in jaw as he claims.Is it a weak case to take in front of jury trial for prosecutor?
answered on Sep 28, 2022
Assaut on a public servant is a 3rd degree felony (2-10 yrs TDCJ) unless theres an allegation of serious bodily injury, use or exhibition of a weapon (then it jumps up to a 1st degree felony, 5-99yrs TDCJ).
These types of cases are prosecuted zealously. Make sure you have a lawyer you... Read more »
they can place them in the bathroom and bedroom where you are supposed to have privacy and be able to dress and shower without your knowledge or consent?
answered on Aug 13, 2022
Again…yes. Anywhere the police obtain a warrant signed by a judge, to wiretap or conduct surveillance, they can place audio/video surveillance. Why would they need consent to conduct surveillance? That would defeat the point…if you get charged with a crime, don’t talk to law enforcement and... Read more »
answered on Jul 25, 2022
Assault causing bodily injury is a class A Misdemeanor. If convicted, its up to 1yr in county jail, and up to a $4k fine. However, you are permitted to use physical force to defend yourself - to the extent and degree of the violence used against you. If someone assaults you, you can physically... Read more »
Took my friends ride and was reported stolen by the time I got to it to take it back and I was driving.. Now on probation but can't make it to appts cuz its n another town.. And she wouldn't transfer me
answered on Jul 23, 2022
Once you have pled guilty and been placed on probation, the case is over. It will not be re-opened and dismissed. You have to abide by the terms and conditions, or the probation could be revoked. Then you’d have to go to prison instead.
Im currently being charged with a felony, i have not been convicted and have a clean record before this. I was told i can still own and possess the firearms i own but “probably” wouldnt get sold a gun. I wanna get other lawyers opinions because mine doesnt seem the know what he talks about
answered on Jul 20, 2022
No, you probably would get flagged in a firearm purchase due to the pending felony case. Also, a typical bond condition is no firearms or ammunition. So if that is a bond condition, you would not want to purchase or possess firearms while the case is pending. Often, even if you take probation, it... Read more »
I was not driving and it was not my vehicle. When the officer asked the driver to step out of the vehicle the substance fell onto the road from the driver side floorboard. We were both charged even though I told the officer it was not mine and no paraphernalia or any other incriminating evidence... Read more »
answered on Jul 16, 2022
With a felony conviction, you won't be "getting your gun rights back," unless the conviction is pardoned by the governor. It is highly unusual and difficult to obtain a pardon.
In Texas, a felon can legally have a firearm where they live (and nowhere else) 5 yrs after release... Read more »
My original charges were a burglary of habitation, three burglary of a buildings, two unauthorized use of motor vehicles. They 1244 all of them under a plea bargain.
answered on Jul 9, 2022
Yes. If your probation is revoked, you can be sentenced up to 1 yr in county jail.
The Judge could also reinstate your probation, with or without additional conditions. You are entitled to a hearing, and the opportunity to present evidence related to the alleged violations, as well as any... Read more »
The person is my nephews' mother. She harrasses, threatens, plagues my family. She lies to the kids saying she has no more court dates, yet they're there; in black n white. She just keeps skipping and the court just keeps rescheduling!
answered on Jul 6, 2022
Not sure thats anything you need to be worried about. It does not sound like you are a party or a witness. The Judge can permit a case to be re-scheduled as many times as they want. Its their discretion. Don’t like it? Wait until the next election. Vote for the other guy/gal.
Ok what if it premedatated the 21 year old waited till the 16 year old turned 17 to fight and the 21 threw 1st punch
answered on Jul 5, 2022
You can use deadly force to defend against deadly force, or to defend yourself against becoming the victim of certain violent felonies. However, you cannot use deadly force to defend against NON-deadly force being used against you (in most circumstances). If a person is 17, they're an adult in... Read more »
answered on Jul 6, 2022
Unlike other sex offenses, there is no early release option for a person convicted of continuous sexual assault of a child. No probation or deferred adjudication available. Sometimes these cases can be worked out for a lesser offense and a long, strict probation, plus registration as a sex... Read more »
And while I do need another lawyer I don't have any money pay for a lawyer so I was trying to look into pro bono lawyers or I don't know because I got a court appointed lawyer and he's not doing anything for me and I just don't know what to do anymore what do I do do I look for... Read more »
answered on Jul 1, 2022
Make an appointment to meet with your appointed lawyer in person to go over the evidence. You are legally entitled to an attorney if you cannot afford one, just not an attorney of your choosing - unless you pay for the attorney yourself. You are unlikely to find a private attorney to take on your... Read more »
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